Substantive equal protection and the definition of marriage

800px-United_states_supreme_court_buildingA 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 economic realm, under a theory of substantive due process.

The 14th Amendment version of the clause provides: “nor shall any state deprive any person of life, liberty, or property, without due process of law.”

The language would seem to clearly limit only the procedure (“process”) government uses when depriving citizens of life, liberty or property (i.e., through capital punishment, imprisonment and fines). That sense is strengthened by its placement in the Fifth Amendment which addresses other matters of criminal procedure (though not exclusively). A rough description of the substantive due process theory is that there may be some government deprivations that are unconstitutional regardless of the procedure followed because they cannot be justified by any appropriate public purpose. Continue reading

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Special interests go to extremes against spending limits

MoneypileThe following post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations:

For the last few years, Sutherland Institute has been working on proposed legislation that would use state constitutional powers to limit government spending and create guidelines that prioritize how tax dollars are spent in surplus revenue years. As you might guess, this government spending limitation amendment has had a tough time capturing the imagination of state legislators.

Utah has a statute that’s been on the books for a few years that requires certain spending limits, but big-ticket items like education and transportation are exempted. Sutherland’s plan would limit all state spending and, while giving the state Legislature control over spending priorities, it requires a three-fifths majority vote of the Legislature to override constitutional restraints on spending. Continue reading

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Writer uses illegal-abortion case to call for more abortions

BabyboyWhat is the solution for preventing people from killing women and children? Evidently, for the left, it is to make it easier to kill children.

In response to an opinion piece in USA Today blasting traditional media for ignoring the murder trial of Philadelphia abortionist Kermit Gosnell, who is accused of performing illegal abortions that resulted in the deaths of several young woman and multiple live-born infants, pro-choice feminist Irin Carmon blamed abortion regulations that she claims are meant to drive abortion clinics out of business and drive up the cost of abortions. High abortion costs mean women must save money during their pregnancy, she argued, to pay for an illegal abortion at the end of their pregnancy.

Carmon’s solution? We ought to make it easier for women to get abortions and use taxpayer dollars to pay for them.

That’s right. The solution to people killing women and babies is to make it easier and cheaper to kill babies. Such is the twisted and perverted thinking that reigns among liberals who subscribe to the culture of death embodied by easy abortion.

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Talking about marriage: a new conversation?

Couple_01On 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 straight people who want to do the same. The new conversation does not presuppose or require agreement on gay marriage, but it does ask a new question. The current question is, Should gays marry? The new question is, Who among us, gay or straight, wants to strengthen marriage?” This approach was needed because currently “the nation’s attention is riveted by a debate about whether a small proportion of our fellow citizens (gays and lesbians) should be allowed to marry.”

If the discussion going on at the Family Scholars blog sponsored by IAV is any indication, since then, the new marriage conversation resembles the old. Continue reading

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Utah’s at the top in digital learning – let’s keep it there

studenttabletAs noted by the Utah Taxpayers Association and The Senate Site, Utah recently received an “A” on the 2012 Digital Learning Report Card from Digital Learning Now! As the only state in the country to do so, Utah is setting an example to the nation in how to do education right in the digital age. In this area of education policy, Utah policymakers should be commended for their forward-looking vision of what public education in Utah should be for children: personalized, flexible, cost-effective, and child centered.

The report card also highlights two ways in which Utah can remain an example to the nation, by enhancing its already strong digital learning policies.

First, Utah ought to require that Utah students take at least one online course in order to earn a high school diploma. Currently, over Utah’s colleges and universities offer 1,500 courses online, with 49 degree programs that can be completely entirely online. In other words, digital learning is an educational path that has already arrived in Utah, and is only going to expand in the future. Children in Utah public schools ought to at least get a taste of what digital learning is like and what it requires while in high school, so they can make an informed decision about whether it is a better path for them than traditional schooling.

Especially for children in difficult situations, such as those who must work full-time to support families straight out of high school, digital learning can empower them to improve their lives in ways that simply would not be possible otherwise. For those who care about children first when it comes to public education, introducing digital learning requirements in high school is simply the right thing to do.

Second, Utah ought to establish a pilot program for introducing “blended learning” into traditional public schools, like SB 79 would have done. Digital learning holds great potential to improve public education across the board. This does not require a full-on shift to full-time online schooling. “Blended learning” – where components of digital learning are paired up with a traditional, face-to-face schooling component – can be used to complement the strengths of face-to-face instruction in traditional, brick-and-mortar public schools. Of course, adopting “blended learning” into traditional public schools ought to be done thoughtfully and carefully, which is what makes the pilot program approach appropriate. Establishing such a program is a reasonable next step in expanding digital learning in Utah for the sake of children’s education, despite misguided fears from the education establishment about such a program.

There are other areas highlighted in the report card that Utah can improve upon as well, but these two represent the big “next steps” on the path of expanding digital learning for the sake of children in Utah. Education policymakers and leaders in Utah ought to push for these policies and continue to make Utah an example of doing digital learning in public education right.

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On an earlier April 18 in Boston

reverepaintingListen my children and you shall hear
Of the midnight ride of Paul Revere,
On the eighteenth of April, in Seventy-five;
Hardly a man is now alive
Who remembers that famous day and year.

From Paul Revere’s Ride, by Henry Wadsworth Longfellow (1807-1882)

As described in the explanatory note accompanying this online version of Longfellow’s classic poem:

On April 18, 1775, Paul Revere set out on his now famous ride from Boston, Massachusetts to Concord, Massachusetts. Revere was asked to make the journey by Dr. Joseph Warren of the Sons of Liberty, one of the first formal organizations of patriotic colonists. The purpose was to warn Samuel Adams, John Hancock (who were also members of the Sons of Liberty) and the other colonists that the British were preparing to march on Lexington.

Revere was taken by boat across the Charles River to Charleston, where he then borrowed a horse from a friend, Deacon John Larkin. Revere and a fellow patriot, Robert Newman, had previously arranged for signals to be given (lanterns in the tower of the North Church) so Revere would know how the British had begun their attack. This is where the famous phrase “one if by land, two if by sea” originated. While in Charleston, Revere and the Sons of Liberty saw that two lanterns had been hung in the North Church tower, indicating the British movement. Revere then left for Lexington. Continue reading

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Defending the pillars of society

sutherland file pictures 008The following post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations:

Last week, at the Sutherland Institute annual dinner, our special guest was Professor Robbie George from Princeton. Professor George is described by The New York Times as “this country’s most influential conservative Christian thinker.” His resume is so long that it took Utah Valley University President Matt Holland a full five minutes to go through it – President Holland being one of Professor George’s students.

To put it simply, Robbie George is on the front lines in defending marriage and family as a scholar, intellectual and lawyer. His National Organization for Marriage has been the foremost activist group in passing Proposition 8 in California and defending marriage laws throughout the nation.

In his remarks at the Sutherland annual dinner, Professor George addressed what he calls the “Five Pillars of a Decent and Dynamic Society.”

Any healthy society, any decent society, will rest upon three pillars. The first is respect for the human person—the individual human being and his dignity. Where this pillar is in place, the formal and informal institutions of society, and the beliefs and practices of the people, will be such that every member of the human family…is treated as a person—that is, as a subject bearing profound, inherent, and equal worth and dignity…. Continue reading

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Nothing silly or embarrassing about Utah’s liquor laws

Alcohol_bottles_photographed_while_drunkWith what can only be described as noble indifference – the new political posture of politically correct and “tolerant” Republicans – many otherwise thoughtful Utahns have gone just plain goofy over Utah liquor laws, especially the “Zion Curtain.”

Whenever Sutherland Institute publishes any argument to further regulate liquor sales and consumption, the boo-birds come out in full force – not to argue, just to mock from their perches (far away from the “embarrassment”).

Sutherland Institute continues to emphasize the cultural and educative role of liquor policy. First, liquor is a personal and societal negative. Pertaining to character, liquor never has made any human being a better person. Never. And a free society requires that we become our better selves.

Second, liquor makes human beings less free, if being truly free requires full mental faculties. A corollary is that liquor consumption by degree makes a human being less free by degree.

Third, liquor consumption impairs cognitive judgment and mechanical skills. In the wrong place at the wrong time, liquor consumption creates public safety problems.

Fourth, liquor consumed by children is harmful to the child, especially in brain development. To dismiss the ill effects on children of the outward culture of drinking as an isolated matter for parents not only displays a naiveté about the real world, it also displays a sad ignorance of the proper role of law and government in the maintenance of a free society.

Fifth, in an aggregate, a culture of drinking can exist – such as in a bar setting. In these circumstances, most policy-makers feel fully justified in regulating a culture of drinking.

The argument over the Zion Curtain is about addressing a culture of drinking in restaurants – not in an existing culture of drinking but in a culture of dining. Again, few serious people object to regulating a culture of drinking in a bar. Oddly, though, a growing number of otherwise intelligent people fail to see how they unwittingly invite this culture of drinking into non-drinking cultures, as in a restaurant. They argue in a circular fashion that we don’t need bar-like drinking regulations in a restaurant because a restaurant isn’t a bar, so why regulate drinking in restaurants? Continue reading

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One reason why liberal economic policies haven’t led to a strong recovery

workers724160For every economically beneficial project funded by “economic stimulus spending,” there is at least one economically wasteful project … such as the $423,500 of federal funding spent studying “barriers to condom use” as part of President Obama’s “economic stimulus” program.

This is how theoretical economic thinking by liberals plays out in the reality of practical politics. It is also one part of the reason why today’s “economic recovery” has not created much for Americans to celebrate.

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Children and the culture of drinking

bartenderIn the recently concluded legislative session, a bill was introduced and passed by the Utah House of Representatives on a 63-11 vote that would have done away with the so-called “Zion Curtain.” Wisely, the Senate stopped such poor public policy from becoming law, instead moving to study the issue over the interim. During debate on the legislation, it became clear that some policymakers do not understand the reasoning behind or need for the “Zion Curtain” policy. In an endeavor to fill in the gaps for both policymakers and the public on this issue, the following is an attempt to explain some of the basic ideas behind this unique Utah alcohol policy.

The intent of the “Zion Curtain” is to address the pervasive culture of drinking, to mitigate the influence of the growing acceptance of alcohol use among children. As an illustration of the concept of cultural impact on children, why do we adorn our houses with pictures of family, faith, and natural or artistic beauty rather than with pornographic images or pictures of illicit drugs? Continue reading

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Scholar Robert P. George speaks at Sutherland dinner on the pillars of a decent society

robertgeorge2Princeton’s Robert P. George spoke at Sutherland Institute’s annual dinner on Tuesday, giving an impassioned defense of the traditional family structure as the key to a free, prosperous and happy society.

“Although no family is perfect, no institution matches the healthy family in its capacity to transmit to each new generation the understandings and traits of character,” he said in his speech.

“Every institution in society depends on something it cannot produce — that is, there being an ample supply of basically decent … men and women” who have learned their values in the family. “And if the family doesn’t produce them, they will not be produced.”

Here’s what the Deseret News reported:

Princeton University professor Robert P. George, once dubbed by The New York Times as “this country’s most influential conservative Christian thinker,” spoke to Utah leaders and students about the importance of protecting traditional marriage at a dinner hosted by the Sutherland Institute on Tuesday and a lecture at Brigham Young University’s Wheatley Institution on Wednesday.

George emphasized the biologically intact family as an indispensable pillar of a decent society.

Click here to read the rest of this story at the Deseret News website.

Click here to watch Sutherland Institute’s video of George’s speech at Tuesday’s dinner.

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Exceptional Utah

DSC01343The following post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations:

As I mentioned last week, this week Sutherland Institute will release two new publications: a booklet titled The Sutherland Idea: The Cause of Freedom and a book titled Exceptional Utah: Leading America in Faith, Family and Freedom. Last week I spoke briefly about the booklet. This week I’d like to share a few thoughts from our new book, Exceptional Utah.

It is commonplace to ridicule Utah and its Mormon population. But Utah is exceptional in several ways precisely because of the Mormons. I am a Mormon convert. I am neither a native Utahn nor a natural Mormon, so if anyone has room to judge them, I do. While I did graduate from Brigham Young University a million years ago, my wife and I were a little bit hesitant to return to Utah to assume the helm at Sutherland 12 years ago. Frankly, I am too much of an idealist about a predominantly Latter-day Saint community – I expect way too much from us and that expectation constantly leaves me open for disappointment.

But Utah is exceptional in several important ways – in ways that matter for the future health and prosperity of this state. In Sutherland’s new book, Exceptional Utah: Leading America in Faith, Family and Freedom, we explain just how great Utah really is. Continue reading

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Growth: The new Conservative vision?

800px-Bush_Inauguration08The Weekly Standard recently posted a pair of articles about the need of the GOP to craft a policy and political agenda centered on “growth.” The authors focus on economic growth, but they focus on how that growth improves opportunities for education, economic mobility, access to affordable health care, tax relief, low energy costs, and stronger families and communities, particularly for lower and middle-income Americans.

Is “growth,” as described by these authors, the right formula and message for a national revival of conservatism and for a renewed conservative policy vision for the country? Only time will tell – but let us know what you think by leaving a comment below.

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The Iron Lady’s legacy

Margaret_Thatcher_1983The legendary Margaret Thatcher, former prime minister of Britain, has died at age 87. The Iron Lady led Britain through the 1980s, bringing unions to heel, producing a dramatic turnaround in the British economy, and working with U.S. President Ronald Reagan and Soviet leader Mikhail Gorbachev to end the Cold War.

As National Review Online said in its obituary,

Margaret Thatcher … the greatest peacetime British prime minister of the 20th century, and her achievements in foreign policy were second only to those of Churchill.

In domestic policy, she reversed the decline of the previous 30 years and revived both the British economy and the British spirit. In foreign policy, she was instrumental to the free world’s victory in the Cold War — a victory achieved “without firing a shot,” as she herself phrased it.

Here’s a video of Thatcher giving her pithy opinion of socialism during her last speech in the House of Commons in 1990. Here’s another of her speaking about “Thatcherism” and unions.

One more: “There is no such thing as public money; there is only taxpayers’ money.”

Bravo, Mrs. Thatcher, and thank you.

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Politicization of homosexuality barrels on

GayBusIn the “gay rights” debate over the years, I have raised the point that the psychiatric and psychological professional associations normalized the condition of homosexuality because of politics, not science. Typically, my claim is greeted with jeers and laughter from skeptical and disdainful opponents.

But truth is truth. When I co-ghost-wrote a book for a former boss, Congressman William E. Dannemeyer, titled Shadow in the Land: Homosexuality in America, in 1989, I knew the truth about the politics of homosexuality within the psychiatric and psychological professions.

Nine years after the 1973 convention vote within the American Psychiatric Association (APA), Ronald Bayer, a professor at the Center for the History and Ethics of Public Health, in the Mailman School of Public Health, at Columbia University, released a book titled Homosexuality and American Psychiatry: The Politics of Diagnosis. Dr. Bayer supports the change in APA policy to remove homosexuality from the official list of mental disorders. Let me repeat: Dr. Bayer supports homosexuality as a normal human condition and, from everything I can discern, supports “gay rights” generally. Continue reading

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