Tag Archives: Supreme Court

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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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

Posted in Law, Marriage | Tagged , , , | 8 Comments

The Constitutional duty to defend the law … until you decide not to

Imagine a world where abandoning your oath to defend the laws of the land, in order to forward your own ideological beliefs, is rewarded by those who are supposed to protect the rule of law. You have now entered the … Continue reading

Posted in Law | Tagged , , , | 8 Comments

The bottom line in the marriage cases

With Supreme Court decisions imminent in two cases about marriage, it is good to remember the question the court is being asked to answer. The two cases ask the same basic question: Does the U.S. Constitution require a state (Proposition … Continue reading

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

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 , , | 6 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

Posted in Marriage | Tagged , | 3 Comments

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

Posted in Gay Rights | Tagged , | 2 Comments

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

Posted in Gay Rights | Tagged , | 3 Comments

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 , , , | 4 Comments

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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