Momentary Equality with Amendment 3 Stay

Jody Jones and her partner Danielle Torres have been together for eight years, but on December 23, they became fully, legally, married. With their new status, it meant that Danielle would be able to adopt their son that Jody had given birth to a few months before. With the stay on Judge Shelby’s ruling that Amendment 3 was unconstitutional, it meant that adoption proceedings would be halted as well. “We want him to have the protections and rights that every child deserves, ” said Jones. Thousands of gay and lesbian…

Gay Rights, Equal Protection, and the Possible Resurgence of the State Action Doctrine

With the Amendment 3 appeal looming on the horizon, one of the great questions on people’s minds is, “To what extent would a decision striking down Amendment 3 on the ground that it violated the right of equal protection affect the actions of private individuals or businesses?” As always, the Constitution is the starting point.  The Bill of Rights protects only against congressional action (hence, the preface “Congress shall make no law . . . “).  Originally, neither individuals nor states were bound by any of the guaranties, except to…

Thoughts on SB100 and Amendment 3: Delayed Debate, Subordination, and Separation of Powers

UPDATE – February 10, 2014, 2:52 PM.  Daniel Burton of PubliusOnline confirmed with multiple sources at the legislature that it was not Gene Schaerr or the Attorney General’s office that instructed the legislature to put a moratorium on SB100.  This fits better with my impression of Reyes and Schaerr as smart guys and much more experience litigators than myself.  ——————– The talk of the capitol last week was the fate of SB100, Senator Urquhart’s statewide non-discrimination bill, which was tabled — ostensibly along with all other bills related to gay…

What do attacks on the religious say about America and free speech? [Publius Online]

The following is an op-ed I wrote that was published by KSL.  SALT LAKE CITY — With the Human Rights Campaign’s tactic of attacking supporters of Amendment 3 for their religious convictions, we have seen an ugly shift toward divisive politics over civil discourse. Last week, Fred Sainz of HRC attacked Gene Schaerr, Utah’s lead counsel in the Amendment 3 appeal, for Schaerr’s privately expressed religious convictions.

Salt City Throwdown Podcast: A Conversation with Former Utah Attorney General Mark Shurtleff.

Welcome to Episode 11.1 – Mark L. Shurtleff, Principal of the Shurtleff Group and former Utah Attorney General joins us to talk about a myriad of topics. Including Utah’s co-habitation laws being struck down, and then Amendment 3 (Which he was originally against) receiving the same fate three weeks later. We also hit on topics like medical marijuana, the death-blow to the BCS system, Adoption reform, and Intellectual Property lawsuits that result in patent trolls making tons of money for doing nothing. In this episode We talk about: Amendment Three…