Obergefell’s Poison
Jeff Shafer Jeff Shafer

Obergefell’s Poison

When the Supreme Court called husband-wife marriage an unconstitutional injustice, it toppled a legal archetype—and the "conceptual dominoes" have been falling ever since, from redefined birth certificates to the dissolving of mother and father into "parent." But there are two Obergefells, and under federalism, states remain free to hold the line.

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Obergefell and the Parts-Whole Relation
Jeff Shafer Jeff Shafer

Obergefell and the Parts-Whole Relation

By redefining marriage, the law didn't add one more option to the menu—it dis-embedded and rewrote every relation the natural family once held together: mother, father, male, female, child. Once "mother" can mean any of three women and a father can be jailed for calling his daughter female, the meanings a free people rely on have passed into the keeping of a total state. The stakes of Obergefell, ten years on, are nothing less than that.

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Machine Antihumanism and the Inversion of Family Law
Jeff Shafer Jeff Shafer

Machine Antihumanism and the Inversion of Family Law

Genetic embryo screening, "gestate-and-release" surrogacy, the "global baby"—the assisted-reproduction industry decouples children from the mother and father who made them. When family law absorbs that logic, children are left radically homeless, and the state's reach quietly grows.

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The Forbidden While Inescapable Law-Morality Relation
Jeff Shafer Jeff Shafer

The Forbidden While Inescapable Law-Morality Relation

In the mid-twentieth century the Supreme Court traded the law's ordination to a shared moral order for an "agnostic proceduralism" that pretends to stand for nothing. This essay, honoring Professor Gerard Bradley, argues that the Court's feigned privatization of morality—in family law and free speech alike—is not neutrality but incoherence and deceit.

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