Tag: United States Court of Appeals for the Tenth Circuit

No Difference Between Serving Parents and Children [The Hub Debate]

Debra Roberts

This is  a Hub Debate on the role of boards of education. For more background, read this.  Participate in the comments or submit a response for publication to UtahPoliticoHub@gmail.com. The question is: “Who do you think the board should serve?  Parents? Students? Why?“ For me the question as stated has neither legal nor logical weight. I acknowledge that sometimes the system shifts too far from parents.  A good example may be those former attendance policies created by local districts that prohibited parents from removing their children from school more than a certain number of…

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

Alliance for a Better Utah

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.

Uninequality: 10th Circuit Ruling on Same Sex Marriage

Jeremy Peterson

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.