5 Totally Legit Ways to Protest Gay Marriage

While gay marriage has been legal in Utah for a year and a half now, there haven’t been any incredible protests as a result of Judge Shelby’s decision. Sure, there’ve been some garden variety protests, but nothing like what is currently transpiring in Australia, where a couple will actually get divorced if gay marriage is legalized. Inspired by this intrepid Australian couple, we in Utah need to protest a little more creatively. Here are some painfully obvious ways to protest the LGBT lifestyle: 1.  Gay people can own homes. Therefore, to…

Has the Supreme Court Failed America?

Erwin Chemerinsky, one of America’s leading commentators on constitutional law, recently put out an Op-Ed piece in which he concluded, reluctantly, that the US Supreme Court had failed America: It’s time to say it: The Supreme Court has largely failed throughout American history at its most important tasks and at the most important times. [. . .] The Supreme Court exists, above all, to enforce the Constitution against the will of the majority. The very existence of the Constitution, a document made intentionally quite difficult to change, reflects the desire…

Not so fast: Federal judge says Constitution doesn’t require redefining marriage

By William C. Duncan Perhaps the most powerful argument for same-sex marriage has been that it is “inevitable.” It’s powerful because it contains an implicit threat: If you think there is something unique and uniquely valuable about marriage between a husband and wife — you are on the wrong side of history and your views will soon be treated as unacceptable with the possibility of your livelihood being at risk. This argument has gotten some fuel lately from a couple dozen federal and state court decisions ruling that the U.S.…

The Militarization of the Tolerance Police

Earlier this week I sent out a tweet highlighting the fact that somebody at BYU messed up and put cards celebrating same sex marriage out in the BYU Store. Similar to other mixups that have occurred at the University over the years (like the run on a vending machine selling caffeinated Coke last year), I found humor in the situation. Others didn’t, to the point that it actually hit the mainstream media.

A Possible Supreme Court Twist in Utah’s Marriage Case

By William C. Duncan   Last week, Utah asked the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the 10th Circuit that Utah’s marriage amendment (approved by the Legislature and two-thirds of voters in 2004) is unconstitutional because the 14th Amendment (ratified in 1868) requires all states to redefine marriage to include same-sex couples. The plaintiffs in the lawsuit plan to support the request. If all goes as intended, the Supreme Court would consider the request (and similar ones from Oklahoma and Virginia) at the…

Amendment 3 and the Legal Competency Police

These days it seems like a small army of political commentators puts an inordinate amount of effort into trolling the Utah District Court and Tenth Circuit Court of Appeals filings looking for more evidence supporting a predetermined conclusion — that the Utah Attorney General’s Office is incompetent and has a bad Amendment 3 case. This is fine.  Everyone’s entitled to assess the arguments.  And this is an issue with wide reaching effects. But an assessment of the arguments doesn’t seem to really be what this group is looking for. Each time the…

An Insider’s Look at the10th Circuit Kitchen v. Herbert Ruling

Yesterday, the Tenth Circuit upheld Judge Shelby’s decision and ruled that Utah’s marriage bans are unconstitutional.  In so holding, the court ruled that marriage is a fundamental right and that any deprivation of this right is subject to strict scrutiny.  Since this is the first circuit court decision on the issue since Windsor, the opinion provides an especially instructive interpretation of that case, as well as a potential framework for future circuit-level decisions on the issue consistent with Supreme Court precedent.

Kitchen Sink: The Ultimate Fate of Utah’s Amendment 3

With the 10th Circuit invalidating Utah’s Amendment 3 forbidding gay marriage in Herbert v. Kitchen, Utah has two options: let it go or keep fighting. Ultimately, while it may be more politically impactful to fight the 10th Circuit’s ruling, the result will be the same: gay marriage will be legal and lawful throughout the United States. This is a battle that was lost in 2003, the moment the Supreme Court invalidated Texas’ anti-sodomy laws with Lawrence v. Texas.

Uninequality: 10th Circuit Ruling on Same Sex Marriage

The 10th Circuit has sustained the Federal District Court’s overturning of Utah’s same-sex marriage ban.  Here’s a link to the court’s written opinion. In the Court’s words: We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.

Analysis of 10th Circuit’s Radical Ruling on Marriage Amendment

Editor’s note: Utah is now at the heart of the debate over same-sex marriage. The state’s Amendment 3, which defines marriage as between a man and a woman, was challenged in court as unconstitutional and was subsequently struck down by a federal judge in 2013. Utah appealed that verdict. On Wednesday the U.S. Court of Appeals for the 10th Circuit ruled against Utah, 2-1. If this case is appealed to the Supreme Court, which appears likely, the court’s decision may decide the future of marriage for decades – for the…