Author Archives: William C. Duncan

Hobby Lobby horrors? Not exactly

Legal writing can be dense and overly technical. Perhaps that’s why there persists some confusion about the effect of the Hobby Lobby decision issued by the U.S. Supreme Court. It did not help that the dissent in the case included … Continue reading

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Not so fast: Federal judge says Constitution doesn’t require redefining marriage

Perhaps the most powerful argument for same-sex marriage has been that it is “inevitable.” It’s powerful because it contains an implicit threat: If you think there is something unique and uniquely valuable about marriage between a husband and wife — … Continue reading

Posted in Law, Marriage | Tagged , , , | 1 Comment

A possible Supreme Court twist in Utah’s marriage case

Last week, Utah asked the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the 10th Circuit that Utah’s marriage amendment (approved by the Legislature and two-thirds of voters in 2004) is unconstitutional because the … Continue reading

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Analysis of 10th Circuit’s radical ruling on marriage amendment

Editor’s note: Utah is now at the heart of the debate over same-sex marriage. The state’s Amendment 3, which defines marriage as between a man and a woman, was challenged in court as unconstitutional and was subsequently struck down by … Continue reading

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Even things forbidden will be compulsory

The state of Colorado has put out a welcome mat for recreational marijuana use but is decidedly cool to private business owners who want to act on their faith as they conduct business. Last week, the Colorado Civil Rights Commission … Continue reading

Posted in Free market, Freedom, Gay Rights, Religion | Leave a comment

A review of the Utah marriage amendment oral arguments presented to the Tenth Circuit

httpv://youtube.com/watch?v=PHOnV-83jNo&list=PLPoDVd2yIgAZd4q8zS1BrmhIhlUz43VAX   Sutherland’s Director of the Center for Family and Society Bill Duncan reviews the oral arguments heard by the panel of three judges at the Tenth Circuit Court of Appeals, the judges’ questions and comments, and what it might … Continue reading

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Michigan judge’s dismissal of research was unbelievable

This op-ed by William C. Duncan, director of Sutherland’s Center for Family and Society, was published March 29 in The Salt Lake Tribune. What does “unbelievable” mean? To most of us, it means that something is clearly not true or … Continue reading

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Supreme Court stay is a step toward sanity

This blog post was also published here at National Review. This morning, just a few minutes after the last submission from the state of Utah had been received, the U.S. Supreme Court ordered a stay of a trial-court judge’s mandate … Continue reading

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Judge Shelby’s dubious decision: sophistic logic, pop psychology, and conclusory reasoning

Judge Robert Shelby holds the dubious distinction of being the first federal judge following the U.S. Supreme Court’s DOMA decision to come to the novel conclusion that the United States Constitution requires a state to redefine marriage to include same-sex … Continue reading

Posted in Gay Rights | Tagged , , , , , | 7 Comments

What Justice Scalia really said

A recent opinion piece in The Salt Lake Tribune tried to recruit Justice Antonin Scalia to the cause of redefining marriage. Here’s the passage: Even Justice Antonin Scalia, an ardent foe of gay rights, has recognized the folly of Utah’s … Continue reading

Posted in Law, Marriage | Tagged , , , | 6 Comments

Dodgy social science in the Utah same-sex marriage case

In their recent submissions to a federal court judge who’s being asked to mandate same-sex marriage in Utah, the plaintiffs included a declaration from a sociologist, Charlotte Patterson, who commonly weighs in on litigation with the message that mothers and … Continue reading

Posted in Family, Gay Rights | Tagged , , , | 5 Comments

What can we expect from judges?

The American Civil Liberties Union has decided to bring lawsuits in Pennsylvania, North Carolina and Virginia alleging the U.S. Constitution mandates redefining marriage in those states’ laws to include same-sex couples. It was probably not a good sign that shortly … Continue reading

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Supreme court DOMA and Prop 8 marriage cases: a preliminary analysis

The U.S. Supreme Court has now issued its decisions in the two marriage cases, both on 5-4 votes. In the Proposition 8 case, the majority said that since the group that had brought the measure to the voters had not … Continue reading

Posted in Federalism, Gay Rights, Marriage | 2 Comments

The bottom line in the marriage cases

With Supreme Court decisions imminent in two cases about marriage, it is good to remember the question the court is being asked to answer. The two cases ask the same basic question: Does the U.S. Constitution require a state (Proposition … Continue reading

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Religious liberty in the crosshairs

The U.S. Commission on Civil Rights has recently concluded hearings on religious liberty and the invaluable Kathryn Lopez of National Review has published an interview with Peter Kirsanow, one of the commissioners, about what he learned from that experience. The … Continue reading

Posted in Religion | Tagged , | 2 Comments