Category Archives: Law

Parents’ rights: Integrating rights and responsibilities

The U.S. Constitution is understood to protect the ability of parents to direct the upbringing of their children, free from state interference. That formulation derives from a pair of cases from the 1920s involving disputes over education. In Meyer v. … Continue reading

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6th Circuit marriage decision is powerfully protective of liberty – Sutherland Soapbox, 11/11/14

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.  Last week’s decision of the U.S. Court of Appeals for the Sixth … Continue reading

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Statement on 6th Circuit Court marriage decision

In a strong, well-reasoned opinion, a panel of the U.S. Court of Appeals for the Sixth Circuit has vindicated the rights of the people of those states to recognize marriage as the union of a husband and wife. It is … Continue reading

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Take the long view of court’s (non)decision on marriage — Sutherland Soapbox, 10/7/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations.  Utah’s marriage law, and a measure of its self-determination, has now been wiped out by the inaction of the U.S. Supreme Court. As … Continue reading

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Statement on Supreme Court’s refusal to hear marriage case

Children are entitled to be raised by a married mother and father. Sutherland Institute is deeply disappointed that the Supreme Court has failed to correct the lawlessness of lower courts that have deprived the people of Utah and other states … Continue reading

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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

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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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Another angle on natural law

In our writings at Sutherland Institute we occasionally use the term “natural law,” referring to the common foundations of justice and fairness innate to each of us. An article in the Intercollegiate Review (excerpted from The Perspective of Love: Natural … Continue reading

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Swallow, Shurtleff, and a culture of corruption – Mero Moment, 7/15/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. When I received news that former Attorneys General Mark Shurtleff and John Swallow had been arrested for alleged illegalities associated with their office, … Continue reading

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Ignoring old truths to create a new reality

It’s easy to win an argument when you invent a new reality. In the case of same-sex marriage, plaintiffs simply argue that a definition of marriage that has existed, culturally and legally, for millennia is an old reality. Proponents of … Continue reading

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States still need their own religious freedom laws – Mero Moment, 7/1/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The United States Supreme Court decided an important religious freedom case this week. In a 5-4 decision the court ruled that a privately … Continue reading

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Sutherland applauds Supreme Court’s Hobby Lobby decision

Sutherland Institute issued the following statement today, June 30, 2014, in reaction to the Supreme Court’s decision in the Hobby Lobby case: The Supreme Court has done the right thing. No one should have to choose between acting on their … Continue reading

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A disappointing 10th Circuit ruling; on to Supreme Court

It’s disappointing to have a few federal judges decide that they can unilaterally override the decision of Utah voters to preserve marriage as society’s way of preserving children’s opportunity to be reared by a mother and father. We’ve long known … Continue reading

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A win for public prayer, and freedom, at Supreme Court – Mero Moment, 5/13/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. In the May 5 U.S. Supreme Court decision City of Greece, New York v. Galloway, the court saved public prayers in legislative settings … Continue reading

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