Entries by 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 Schaerr defended Utah’s marriage law in court at a significant professional sacrifice. The analysis demonstrates […]

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. By contrast, the anti-discrimination legislation (SB296) contains provisions that attempt to balance the response to […]

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 want to reduce the risk of divorce.” Others promote later marriage because it’s associated with […]

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 parents, divorced parents, stepparents, etc. — is that children fare best, on average, when raised […]

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 to the Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting […]

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 (during part of the time of their cohabitation he was married to another woman) that […]

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 complaint initially rankled, probably because a corporation is really just an organized body of individuals, […]