Tag Archives: Supreme Court

Substantive equal protection and the definition of marriage

A 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 … Continue reading

Posted in Marriage | Tagged , , | 3 Comments

Same-sex marriage and our better selves

The following post is a transcript of a 4-minute weekly radio commentary aired on several Utah radio stations: Last week the United States Supreme Court received arguments in two cases regarding same-sex marriage. The Proposition 8 case out of California … Continue reading

Posted in Gay Rights | Tagged , , , , | 1 Comment

Amicus brief to Supreme Court explains churches’ interest in Prop 8 case

Among the submissions to the U.S. Supreme Court explaining why the federal Constitution does not require states to redefine marriage is an important amicus brief representing a number of religious denominations, including The Church of Jesus Christ of Latter-day Saints. … Continue reading

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Activists launch their effort to overturn Utah’s marriage amendment

According to a recent news report, “gay rights” activists in Utah are filing legal briefs in the pending U.S. Supreme Court cases concerning the definition of marriage. Specifically, it is reported that these briefs are citing Utah’s marriage amendment (and … Continue reading

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Support exercise of religious freedom: Shop Hobby Lobby Saturday

For a nation with a yearning for religious freedom at its roots, we are seeing an awful callousness toward exercise of that freedom lately. One of the more recent manifestations of this trend has the Green family, who operate Hobby … Continue reading

Posted in Health Care, Religion | Tagged , , | 3 Comments

Our best gun control

In 2008, the United States Supreme Court ruled that “the Second Amendment protects the right to keep and bear arms for the purpose of self-defense” as it struck down a gun ban in the District of Columbia – the first … Continue reading

Posted in Culture | Tagged , , | 2 Comments

Homosexuality, the LDS Church, and the Supreme Court

Last week The Church of Jesus Christ of Latter-day Saints announced a new website targeted to people struggling with homosexuality and the relationships they have within their families and faith community. In announcing this unprecedented outreach, LDS Church Apostle Dallin … Continue reading

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Why the Supreme Court marriage decision is good news

Last Friday, the U.S. Supreme Court agreed to review two decisions of lower federal courts that had struck down two laws preserving the definition of marriage as the union of a husband and wife. One of the laws was the … Continue reading

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A consequential time for marriage

What if the U.S. Supreme Court imposed a policy of “gay marriage” on the entire country, in spite of the fact that nearly two-thirds of states maintain a traditional definition of marriage? On the other hand, what if the court … Continue reading

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Interim Day: Don’t call HB 148 a ‘land grab’ – Utah has every right to control its land

Mid-November meetings of the Utah Legislature are traditionally the final regular monthly gatherings of interim committees prior to the full-time session that begins in January. The issues and proposals discussed foreshadow and prepare the way for the work legislators will … Continue reading

Posted in Land Use, Legislature | Tagged , , , | 1 Comment

Privacy and bad behavior

Forty-seven years ago in the Griswold case, the United States Supreme Court ruled that the First Amendment to the Constitution “has a penumbra where privacy is protected from governmental intrusion.” A “penumbra” is a shadow and seven of the nine … Continue reading

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The fundamental problem with 'anti-discrimination' ordinances

When we strip away all the back-and-forth between opposing opinions, anti-discrimination ordinances designed to protect homosexuals in the workplace and housing boil down to one thing: Sexual orientation absent sexual behavior is not provable. Hence, laws designed to protect vagaries … Continue reading

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If Supreme Court strikes down health care law, then what?

By most accounts, the U.S. Supreme Court is likely to strike down President Obama’s health care law tomorrow, either in whole or in part. If the court’s ruling goes against the law, inquiring minds will want to know: Now what? … Continue reading

Posted in Health Care | Tagged , , , | 17 Comments

What the Obamacare decision will mean for Utahns

As oral arguments for Florida v. Department of Health and Human Services come to a close at the U.S. Supreme Court, some Utahns might wonder what impact the court’s ruling could have on them. Let’s review some of the issues … Continue reading

Posted in Health Care | Tagged , , , | 1 Comment

Shurtleff expects Obamacare to be overturned

Utah Attorney General Mark Shurtleff told Sutherland Daily today that he believes the U.S. Supreme Court will vote 5-4 to strike down the Patient Protection and Affordable Care Act (PPACA), or Obamacare, as opponents of the legislation (and even many … Continue reading

Posted in Health Care | Tagged , , , | 1 Comment