William C. Duncan
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Coverage of LDS Church tithing lawsuit is missing some key details
While good legal reporting is no simple feat, the people’s civic understanding could benefit from improvements in coverage of cases that impact core constitutional rights.
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First Amendment requires courts to stay out of tithing dispute
Church autonomy doctrine prevents the government from “taking sides” in internal disputes so that churches are given broad freedom to act in their own sphere.
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How people of faith have shaped America’s Constitution
There would be no United States without the pursuit of religious freedom.
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Why we need to ‘give the Devil the benefit of law’
The framers of the Constitution tried to enshrine the principle of the rule of law, because temptations to circumvent the law are hard to confine to only one circumstance. Even noble exceptions can be used by bad actors to inflict…
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How the U.S. Constitution is like the mast of Ulysses’ ship
An obvious feature of the U.S. Constitution – the fact that it is written – provides significant benefits to citizens.
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Abortion coverage lawsuits could be avoided with better religious accommodation
The religious organizations in these cases will have U.S. Supreme Court precedent on their side.
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FBI should be able to target extremists without smearing people of faith
A now-retracted FBI field office memo discussing possible threats of extremism from “radical-traditionalist Catholics” has created serious concern about targeting religious practices.
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The Flawed Civic Understanding behind Attacks on the Supreme Court
Criticisms of SCOTUS show a deficient understanding of the Constitution’s ‘structural protections’ and our need for them.
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States should welcome religiously motivated foster parents
Massachusetts’s recent decision to deny a Catholic couple the ability to foster children due to their religious beliefs stands at odds with Supreme Court precedent, lower federal court decisions, and the needs of children.
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Does the Utah Constitution recognize a broad right to abortion?
The Utah Supreme Court has just concluded oral arguments in a challenge to the state’s abortion regulations.