Nominees announced for Utah Supreme Court vacancy [UPH Wire]

**attached contains the following: * For Immediate Release Sept. 30, 2015 Ron Gordon, Executive Director Commission on Criminal and Juvenile Justice 801.538.1432 rbgordon@utah.gov Nominees announced for Utah Supreme Court vacancy SALT LAKE CITY – The Appellate Judicial Nominating Commission has selected nominees for a vacancy on the Utah Supreme Court. The vacancy results from the resignation of Justice Jill Parrish, effective Aug. 16, 2015. This resignation follows her confirmation as a United States District Judge for the District of Utah. The nominees for the vacancy are: Michele Christiansen, judge, Utah…

Federal Judge Jill N. Parrish assigned to Recapture Protest case

US Federal Judge Jill N. Parrish was assigned to the Recapture Canyon Protest case today August 31, 2015 after Judge Shelby stepped down last Friday. “Judge Robert Shelby filed notice Friday that he has recused himself from the case in response to a motion in July from San Juan County Commissioner Phil Lyman’s legal team. The commissioner’s attorneys had asked Shelby to remove himself, claiming the judge is biased because of his friendship with an environmentalist.”    KUTV Judge Parrish was on the Utah Supreme Court until appointed as a US federal…

Governor appoints Himonas to Utah Supreme Court [UPH Wire]

For Immediate Release Contact: Aimee Edwards edwards@utah.gov mobile: (801) 755-3085 Governor appoints Himonas to Utah Supreme Court   SALT LAKE CITY (Dec. 18, 2014) –  Gov. Gary R. Herbert has appointed Judge Constandinos G. Himonas to serve as an associate justice on the Utah Supreme Court. Judge Himonas will fill a vacancy created by the retirement of Utah Supreme Court Justice Ronald E. Nehring on Feb. 1, 2015. “It is an honor for me to appoint Judge Deno Himonas to the Utah Supreme Court,” said Gov. Herbert. “Making a selection…

The Attack on Religious Expression [Hub Debate]

Some would have us believe that war is peace, ignorance is strength, and the best way to protect religious liberty is by chasing religious expression out of the public square entirely. Which is obviously complete balderdash. And yet, that’s the argument being made. Religious values have a long and positive role in Western society. John Adams famously said, [W]e have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a…

10th Circuit Denies Appeal of Kitchen v. Herbert: Full Opinion

  Related articles Gene Schaerr Leads the Utah Appeal of Kitchen v. Herbert (publiusonline.com) 10th Circuit Court of Appeals to hear same-sex marriage arguments (bizjournals.com) TODAY: Tenth Circuit to Hear Argument in Utah Marriage Case (hrc.org) Constitution Check: Has the Supreme Court already tipped its hand on same-sex marriage? (constitutioncenter.org) Eyes on 10th Circuit for Utah, Okla. marriage arguments (washingtonblade.com) Utah headed to Supreme Court after court refuses to stop gay weddings (usnews.nbcnews.com)

Thoughts on the Latest in the Utah Same Sex Marriage Litigation

People following the litigation over same sex marriage in Utah have gotten good taste of the real thing: opposing sides villainizing each other, long periods of no progress followed by short bursts of action, and a convoluted procedural path that both sides try to reduce to an unrealistically clear arc ending conveniently in their absolute victory. Joking  aside (there was a *little* bit of humor there), this has been an action-packed week, and people can be forgiven for being a more than a little confused about where we are at this…

Utah’s Right to Citizen Legislation: The Curious Case of Statutorily Defined Constitutional Rights

Although the furor over Count My Vote seems to have subsided (at least for now), the battle over Utah’s nominating systems has raised some fascinating issues, one of which has especially piqued my interest. Utah’s Constitution expressly guarantees the right of citizens to legislate via initiative and referendum, but “in the numbers, under the conditions, in the manner, and within the time provided by statute.”  Here’s the full text of the provision, found in Article VI of the Utah Constitution (emphasis added): (2) (a) (i) The legal voters of the State…