Entries by 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 some irresponsible charges about the majority decision. Indeed, the dissent’s worry that the decision would […]

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 — you are on the wrong side of history and your views will soon be treated […]

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 mean for the expected June ruling.

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 that marriage licenses be issued to same-sex couples. This (apparently unanimous) decision should not be […]

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 couples. The legal chaos that has resulted from this decision and the failure of the […]

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 position. In his dissent, Justice Scalia wrote that the “the view this Court will take […]