Tag Archives: law

Constitution, originalism and judicial activism – Sutherland Soapbox, 9/30/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. A couple weeks ago, Utah and the country celebrated Constitution Day. September 17 was designated to commemorate the signing of the Constitution by … 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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Make marriage easy to break, and guess what? – Mero Moment, 8/5/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. If you make something easy to break, it gets broken. This is self-evident. It’s why poorly made toys break more often and poorly … Continue reading

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Culture of traffic laws is upside down – Mero Moment, 5/27/14

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. Traffic laws are nearly precise metaphors for freedom. Driving without these laws would be unsafe – anarchy. But too many traffic laws begin … 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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Sutherland applauds Supreme Court decision on town-meeting prayer

Sutherland Institute believes the United States Supreme Court made the correct decision in Town of Greece v. Galloway. In ruling that government should not become “supervisors and censors of religious speech” when it comes to prayer offered at the start … Continue reading

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Michigan judge’s dismissal of research was unbelievable

This op-ed by William C. Duncan, director of Sutherland’s Center for Family and Society, was published March 29 in The Salt Lake Tribune. What does “unbelievable” mean? To most of us, it means that something is clearly not true or … Continue reading

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Marriage laws and the delicate balance between order and liberty

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. During a radio interview this week about the state’s defense of Utah’s marriage law, my host along with an opposing guest expressed incredulity … 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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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 … Continue reading

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Op-ed: The House has got dating all wrong

There is an axiom that Utah culture is only a decade, perhaps even only a few years, behind a broader American culture in decline. Recently, as the Utah House of Representatives debated the Dating Violence Protection Act, HB50, further evidence … Continue reading

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