Tag Archives: courts

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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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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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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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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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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Video: A citizen’s guide to the Utah marriage case, Part 2

httpv://youtu.be/ImG5KSTuU7U   Bill Duncan, Sutherland Institute’s director of the Center for Family and Society and executive director of the Marriage Law Foundation, provides a citizen’s guide to the key arguments before the 10th Circuit Court of Appeals in the Utah … Continue reading

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Video: A citizen’s guide to the Utah marriage case before the 10th Circuit Court of Appeals

To help Utahns get a better grasp on this historic case, Bill Duncan, Sutherland Institute’s director of the Center for Family and Society and executive director of the Marriage Law Foundation, provides a citizen’s guide to the key arguments before … Continue reading

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Sutherland’s amicus brief calls marriage and family ‘pre-political institutions’

Sutherland Institute filed an amicus curiae brief Monday with the 10th Circuit Court of Appeals in the state’s appeal of Kitchen v. Herbert – the case in which the judge struck down Utah’s Amendment 3, briefly allowing same-sex marriages to … Continue reading

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Sutherland statement on state brief filed with 10th Circuit Court

Utah’s articulation of its interest in marriage is brilliant. Combined with several forthcoming amicus filings, the state’s case is impenetrable. The people of Utah can have confidence that their overwhelming majority view of marriage and family has been well represented. … Continue reading

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‘The American Illness’: How the legal system drags down our economy

The following post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. A friend of mine who teaches law at George Mason University in Virginia has edited a new book titled, The American Illness: … Continue reading

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Slate gets it right on Zimmerman

Left-of-center Slate Magazine published a thoughtful take on the Zimmerman/Martin case. Author William Saletan decided to watch all seven hours of closing arguments and came to this conclusion: The problem at the core of this case wasn’t race or guns. … Continue reading

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