Although we’re not entirely surprised that this judge disagreed with two-thirds of Utah’s voters about the meaning of marriage, we are deeply disappointed that he elevated his opinion to the status of constitutional law. There is nothing in the United States Constitution that requires the state of Utah to redefine marriage.
The people of Utah were right to support the time-tested understanding of marriage as the union of a husband and wife. They recognize it is not the role of government to promote motherless and fatherless homes for children in order to satisfy adult desires. Children are entitled to a married mother and father, and we hope the appeal will establish the right of the people of Utah to reflect this truth in their laws. Sutherland Institute has full confidence in the appeals process — one federal judge does not get to change history for Utahns.
Meanwhile, Sutherland Institute calls on Utah Governor Gary Herbert to order county clerks to stand down in issuing “marriage” licenses until the appellate process has concluded.