The Mero Moment: Kim Davis — September 17, 2015

By now you’ve probably heard of Kim Davis, the county clerk from Kentucky who was sent to jail for not issuing marriage licenses to same-sex couples. And, by now, you, like most Americans, are a little confused about the case. On the one hand, it feels an awful lot like a religious bigot defying justice and acting the martyr. And, on the other hand, it feels an awful lot like political correctness run amok in the life of an otherwise innocent person. I can tell you that it’s probably more…

ACLU sues to overturn reality

By William C. Duncan Last week, local news reported a lawsuit filed in federal court by Utah’s ACLU affiliate to force the state to recognize the same-sex spouse of a mother who conceived using “donor” sperm (these kinds of “donations” are typically paid for) from an anonymous man. The lawsuit points to a state law that allows the husband of a woman to be treated as a child’s father if that husband consents to his wife’s use of sperm from another man. (It’s hard to imagine who thought this was a good…

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.…

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.

The Salt City Throwdown Podcast: An Interview with Trestin Meacham

This article was written by Adam “The Fish Guy” Andrews. Co-host and Producer of the Salt City Throwdown podcast.   On a recent episode of The Salt City Throwdown Podcast, we had the chance to have a conversation with Trestin Mecham. Many of you may remember him as the man from Monroe, UT who went on a hunger strike in response to Judge Shelby’s ruling on Utah’s Amendment 3. Never having met Trestin, I did what most people do nowadays: I looked him up online. On the top 12 results:…

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…

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.