Author Archives: William C. Duncan

Strong new defense of the constitutionality of marriage

The Heritage Foundation has just published a strong piece of legal analysis by Ryan Anderson and Gene Schaerr on the same-sex marriage issue. Anderson is a prominent defender of marriage as the union of a man and a woman, and … Continue reading

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Why legal effects of marriage case matter to everyone – Sutherland Soapbox, 3/17/15

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The podcast can be found at the bottom of this post. At the end of April, the U.S. Supreme Court is scheduled to … Continue reading

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Why Senate Bill 297 is necessary

At this time, the state of Utah has been required to recognize same-sex marriages by court order. The court order did not address some of the foreseeable consequences of redefining marriage in the state, such as implications for religious liberty. … Continue reading

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The tradeoffs of postponing marriage past your mid-20s

I’ve been reading an interesting book about family policy and came across a brief passage that said while one should wait until at least the mid-20s to marry, it was “better still” to wait until “your early thirties, if you … Continue reading

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Nondiscrimination legislation requires balance, extreme care

News reports suggest there is still an ongoing debate about how to balance calls for changes to state discrimination laws (which would expand the reasons businesses and property owners could not deny housing or employment) with the need for robust … Continue reading

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Is apple pie next? — Sutherland Soapbox, 2/17/15

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The podcast can be found at the bottom of this post. Motherhood and apple pie, as the idiom suggests, are things we can … Continue reading

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The research so far: Mom + Dad still best for kids

In past decades, a large body of research has developed focused on the question of what family structures are most likely to promote child well-being. The basic consensus — based on comparisons of children raised by married biological parents, single … Continue reading

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A right to discriminate?

A common accusation made by those who oppose robust protections for religious liberty is that proponents are seeking a “right to discriminate.” The common form this argument takes is that religious liberty is already protected (say, by the First Amendment … Continue reading

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How marriage law has shifted in 35 years

In many family law textbooks, two cases from the 1970s are juxtaposed. The first is a 1976 California decision, Marvin v. Marvin, in which the California Supreme Court considered a claim by a woman who had cohabited with a celebrity … Continue reading

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How complex regulations give big corporations the upper hand – Sutherland Soapbox, 1/20/15

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The podcast can be found at the bottom of this post. Recently I came across a complaint about corporate involvement in politics. The … Continue reading

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Statement on Supreme Court decision to hear same-sex marriage case

Sutherland Institute is encouraged that the Supreme Court is finally going to take the opportunity to correct the mistakes of so many federal courts that have said that the states are not free to define marriage as they always have. … Continue reading

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Lopsided ‘bipartisanship’ in judges’ marriage mandates

With a large number of federal judges rushing to rule that states must redefine marriage to include same-sex couples over the last year has come a claim by advocates that the legal theory enjoys bipartisan support. Of course, federal judges … Continue reading

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Regrettable words and the ethics of tale-bearing

Recently, the news reported some comments from a well-known, and by all accounts, generous and philanthropic individual in the state, of an unfortunate and ad hominem nature about a prominent politician. Such comments are, of course, always regrettable. What could … Continue reading

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Arranged marriage

Today, the law of Utah says that marriage is an association of a man and a woman, or a man and another man, or a woman and another woman. Not, however, because a massive cultural change in the state led … Continue reading

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Marriage: a cornerstone, not a luxury good — Sutherland Soapbox, 12/16/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The podcast can be found at the bottom of this post. Prominent sociologist Andrew Cherlin had an interesting piece in the New York … Continue reading

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