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A look at constitutional originalism and why it isn't partisan

A look at constitutional originalism and why it isn’t partisan
Stephanie Barclay
© Photo Illustration by Alex Cochran
During confirmation hearings in recent years, the judicial philosophy known as originalism has faced nearly as much media scrutiny as the judicial nominees themselves.
When asked to explain this philosophy, then-Supreme Court nominee Amy Coney Barrett explained, “in English, that means that I interpret the Constitution as a law, that I interpret its text as text and I understand it to have the meaning that it had at the time people ratified it. So that meaning doesn’t change over time. And it’s not up to me to update it or infuse my own policy views into it.” Supreme Court Justice Neil M. Gorsuch wrote in Time magazine that the originalist school of thought “seeks to conserve the meaning of the Constitution as it was written.” ....

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A Letter to the U.S. Commission on International Religious Freedom

The Prosecutor General of Finland has undertaken criminal prosecutions that will compel Finland’s clergy and lay religious believers to choose between prison and abandoning teachings of their various faiths.

First, Prosecutor General Raija Toiviainen has charged Dr. Päivi Räsänen, a Member of the Finland’s Parliament and former Finnish Minister of the Interior, with three counts of “ethnic agitation” for peacefully expressing her views on marriage and sexuality. The charges against Dr. Räsänen stem from her authorship of a 2004 booklet entitled,
Male and Female He Created Them: Homosexual Relationships Challenge the Christian Concept of Humanity, published by the Luther Foundation. In the booklet, Dr. Räsänen argues that homosexual activity should be recognized by the church as sinful based on the teachings of the Hebrew Bible and Christian scripture. ....

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