Tag Archives: same-sex marriage

How state attorneys should have defended Amendment 3

Paul Mero delves into due process, equal protection, and substance in the second part of an essay that lays out what state attorneys should have argued in the Kitchen v. Herbert case (which resulted in the overturning of Utah’s marriage … 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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We were wrong

My friend Quinn McKay has helped facilitate several sessions in Sutherland Institute’s Transcend Series. Quinn’s focus is honesty and integrity. Early in each session Quinn invites a member of the audience to stand and asks the person, “Have you ever … Continue reading

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Lawyers and the integrity of Lincoln

I am currently reading a biography of Abraham Lincoln by Henry Ketcham, titled The Life of Abraham Lincoln. This book (fortunately part of the public domain) goes into some detail to illustrate the integrity and honesty of the 16th president … Continue reading

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The argument that should have been made

On Dec. 20, 2013, federal district court Judge Robert Shelby ruled Utah’s marriage law unconstitutional after the state attorneys who were assigned to defend the law failed to make a compelling case. A new paper by Sutherland Institute says a … Continue reading

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Sen. Reid responds to LDS Church statement on same-sex marriage

I wholeheartedly support the LDS Church authorities’ call for civility among all those engaged in the public dialogue over same-sex marriage. In addition, their statement reminds all of us that faith leaders and people of religious conscience have First Amendment … Continue reading

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How Judge Shelby got the 14th Amendment wrong

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. The 14th Amendment to the United States Constitution has been at the epicenter of most controversial court decisions over the past 40 years. … Continue reading

Posted in Constitution, Law, Uncategorized | Tagged , , , , , , | 6 Comments

Supreme Court stay is a step toward sanity

This blog post was also published here at National Review. This morning, just a few minutes after the last submission from the state of Utah had been received, the U.S. Supreme Court ordered a stay of a trial-court judge’s mandate … Continue reading

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Why the ‘natural family’ matters to the community

Many Utahns are asking why, exactly, the “natural family” is so vital. The short answer is this: A free society requires formal and broad recognition that the natural family is the fundamental unit of society. Marriage is the cornerstone of … 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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Clueless AG Office lawyers opened door for Shelby’s specious ruling

This post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations. Four days is a long time for me to be silent about the “gay marriage” ruling in Utah. I’ve thought through this, read … Continue reading

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What Justice Scalia really said

A recent opinion piece in The Salt Lake Tribune tried to recruit Justice Antonin Scalia to the cause of redefining marriage. Here’s the passage: Even Justice Antonin Scalia, an ardent foe of gay rights, has recognized the folly of Utah’s … Continue reading

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Dodgy social science in the Utah same-sex marriage case

In their recent submissions to a federal court judge who’s being asked to mandate same-sex marriage in Utah, the plaintiffs included a declaration from a sociologist, Charlotte Patterson, who commonly weighs in on litigation with the message that mothers and … Continue reading

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