Author Archives: William C. Duncan

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

Tweet   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

Tweet 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 … Continue reading

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Supreme Court stay is a step toward sanity

Tweet 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 … Continue reading

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

Tweet 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 … Continue reading

Posted in Gay Rights | Tagged , , , , , | 6 Comments

What Justice Scalia really said

Tweet 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 … Continue reading

Posted in Law, Marriage | Tagged , , , | 5 Comments

Dodgy social science in the Utah same-sex marriage case

Tweet 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 … Continue reading

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

What can we expect from judges?

Tweet 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 … Continue reading

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

Tweet 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 … Continue reading

Posted in Federalism, Gay Rights, Marriage | 1 Comment

The bottom line in the marriage cases

Tweet 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 … Continue reading

Posted in Gay Rights | Tagged , , , , | 1 Comment

Religious liberty in the crosshairs

Tweet 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. … Continue reading

Posted in Religion | Tagged , | 2 Comments

Redefining marriage: good for business?

Tweet Here’s an anecdote to add to the discussion over redefining marriage. The Blaze reported on an article from Chief Executive magazine listing the “Best and Worst States for Business.” The top states are: Texas Florida North Carolina Tennessee Indiana … Continue reading

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May 8: A big day for Utah in 1895

Tweet Wednesday, May 8, 1895, was the last formal day of the Utah Constitutional Convention. Unlike the lawyer-dominated Philadelphia Convention, the top occupation of Utah delegates was farming, though lawyers were certainly represented. The president of the convention was John … Continue reading

Posted in Constitution | Tagged | 1 Comment

Politics of nihilism

Tweet At a recent discussion sponsored by the invaluable John Adams Center, someone remarked on the seeming incoherence of current progressive politics. As I understood the analysis, the progressivism of the early 20th century had reasonably clear (if tragically misguided) … Continue reading

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Substantive equal protection and the definition of marriage

Tweet A conventional narrative of constitutional history says that in the late 19th and early 20th centuries, the U.S. Supreme Court commonly used the “due process” clause of the Fifth and 14th amendments to strike down laws, particularly in the … Continue reading

Posted in Marriage | Tagged , , | 6 Comments

Talking about marriage: a new conversation?

Tweet On January 29, the Institute for American Values announced a New Marriage Conversation. The conversation was intended to address the “hollowing out of marriage in mainstream America” by bringing “together gays and lesbians who want to strengthen marriage with … Continue reading

Posted in Marriage | Tagged , , | 1 Comment