Tag Archives: State: Utah

One News Now: David Hacker with Alliance Defending Freedom spoke to American Family News about the circumstances surrounding the school’s actions last year during “Paint the Town.” “…The college shut [the group’s window painting] down, and said that the Christian message was – quote – ‘in poor taste,’” he says. “That’s clearly a circumstance of viewpoint discrimination and treating Christian students in a way that is not the same as other students on campus and censoring their speech.”

Citizen Link: “Snow College has done the right thing in recognizing that the First Amendment protects the freedom of all students to gather with those of like mind to express their ideas, and that includes students of faith and religious ideas,” said Travis Barham, litigation staff counsel for Alliance (ADF), representing SRCC.

Christian News Network: However, according to Alliance Defending Freedom, the Christian legal organization representing the students, the college has changed several of its policies to ensure that religious freedom is protected. “Colleges are supposed to be the marketplace of ideas,” stated ADF Litigation Staff Counsel Travis Barham. “Snow College has done the right thing in recognizing that the First Amendment protects the freedom of all students to gather with those of like mind and to express their ideas, and that includes students of faith and religious ideas.”

Utah’s Snow College has changed several policies to restore greater religious freedom to its campus and settle an Alliance Defending Freedom lawsuit filed in October of last year on behalf of a Christian student group.

Salt Lake Tribune: Most of the settlement payment went to the Alliance Defending Freedom, a national group based in Arizona, that represented the club. Solid Rock received $800.

Religion Clause Blog: The school also affirmed that while it currently does not plan to sponsor the “Paint the Town” event, if it does so in the future it will not restrict religious themes or imagery. The school also paid $12,000, of which all but $800 went for attorney’s fees to Alliance Defending Freedom.

Daily Herald: What is the definition of marriage? Is marriage simply the deep, emotional relationship of two people or does it go beyond that? Authors Sherif Girgis, Ryan Anderson and Robert George say that the answers to these questions are at the heart of the gay marriage debate, not equality.

Huffington Post: Sen. Orrin Hatch (R-Utah) is not joining the ranks of his fellow senators who have come out in recent days and endorsed marriage equality. But he is backing civil unions for same-sex couples, saying he believes it could be a way to preserve “traditional marriage” for heterosexual couples.

Todd Starnes at Human Events: A federal civil rights complaint has been filed against the Salt Lake City School Board after a principal booted a Cub Scout pack from an elementary school.

CTPost.com: The Boy Scouts of America have rejected an application for a scouting troop sponsored by a Utah gay rights organization.

On the eve of a historic debate in the U.S. Supreme Court over gay marriage, three couples in Utah filed a lawsuit asking a federal judge to declare unconstitutional any law in the predominately Mormon state barring same-sex marriage. The complaint filed Monday in U.S. District Court for Utah . . .

ULaw Today: Yesterday, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of Amy and Vicky, two child pornography victims, in an appeal brought by the Utah Appellate Clinic. | In re: Amy & Vicky

Salt Lake Tribune: Legislation to establish the Utah Marriage Commission in statute headed toward home plate Wednesday as lawmakers unanimously advanced HB147 out of the Senate Health and Human Services Committee.

Salt Lake Tribune: As soon as abortion was legally available, Utah women took advantage. The state’s abortion law became effective in April 1974, and in the remaining months of that year nearly 1,200 pregnancies were legally terminated, according to the Utah Department of Health.

ACLU press release: The American Civil Liberties Union and the ACLU of Utah have filed a lawsuit against the Davis School District after elementary schools in the district were instructed to remove a children’s book about a family with same-sex parents from library shelves . . . Status: Victory! The Davis School District has agreed to return In Our Mothers’ House to its library shelves.

Rory Gray at Alliance Defending Freedom Blog: Last year, memorial crosses along Interstate 15 dedicated to fallen Utah Highway Patrol troopers were taken down after the Supreme Court denied review in the Utah Highway Patrol Association v. American Atheists case. The crosses were privately designed, financed, erected, and maintained by the Utah Highway Patrol to honor troopers who gave their lives in the line of duty, remind the public of troopers’ sacrifice, and prompt motorists to drive more safely.

Religion Clause Blog: According to yesterday’s Salt Lake Tribune, Utah’s newly-elected attorney general, John Swallow says he will continue the policy of his predecessor Mark Shurtleff and will not bring criminal charges against consenting adults in plural marriages if they have not violated any law other than the state’s polygamy ban. It is estimated that 38,000 people live in polygamous communities in Utah

Washington Post: Women would be prohibited from having abortions based on whether they want a boy or a girl under legislation proposed by a Utah lawmaker.

Utah Pulse: “If they (the federal government) want to take ownership of this (exchange), they take ownership,” said Lockhart, who was just re-elected to another four years as speaker by her new 61-member House GOP caucus. “We’ll have to play in these areas – the courts may tell us. But they (federal officials) take responsibility. They tax our individual (health insurance) plans, tax individuals and businesses. It won’t be something we did (in the Utah Legislature).” “But something that Obama did,” she added.

Deseret News: The American Civil Liberties Union filed a lawsuit Tuesday against Davis School District, contesting the district’s decision last spring to remove a book from elementary library shelves that depicted a family with same-sex parents

AP: Utah seized control of the community trust in 2005 amid allegations of mismanagement by church officials, including now-jailed polygamist sect leader Warren Jeffs.

Religion Clause Blog: In a press release announcing the filing of the lawsuit, Alliance Defending Freedom says it has delayed serving defendants in order to give the college time to change its mind and avoid litigation.

Deseret News: “Colleges are supposed to be the marketplace of ideas, not centers of censorship,” said Travis Barham, a Georgia-based attorney for the Alliance Defending Freedom. The First Amendment, he said, allows like-minded students to gather and to express their ideas, including religious students and religious ideas.

Salt Lake Tribune: “By refusing to treat faith-based student organizations the same as other student groups and by excluding religious speech from homecoming events, Snow College officials have ignored this basic principle,” said Travis Barham, litigation staff counsel for the Alliance Defending Freedom, which is representing the club. ” But we hope they will quickly do the right thing, respect our clients’ freedoms, and eliminate the need for continuing to pursue this lawsuit.”

Alliance Defending Freedom filed a federal lawsuit Monday against Utah’s Snow College on behalf of a Christian student group banned from including religious speech as part of a homecoming event.

Deseret News: A person who intentionally destroys their marriage, expecting to get favorable alimony, may have another thing coming, according to Utah lawmakers . . . The bill defines fault as “wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship,” including an extramarital affair, abuse, or activity that undermines the financial stability of the other party or minor children.

Deseret News: A young boy who was conceived from preserved sperm after his father’s death is not entitled to Social Security benefits under Utah law, the Utah Supreme Court ruled Friday. | Burns v. Astrue, 2012 UT 71 | Hat Tip: How Appealing

Eugene volokh reports on pending litigation in Utah at the Volokh Conspiracy.

Fox13Now: Jonathan Turley, the lawyer for Kody Brown and his wives Meri, Christine, Janelle and Robyn, reminded the court that unlike other polygamy cases that involved minor children in plural marriages — the Browns are all consenting adults.

Standard Examiner: The Utah Chapter of the ACLU sued Brigham City in federal court Tuesday calling its free speech zone ordinance unconstitutional. | ACLU press release

Eugene Volokh at the Volokh Conspiracy: Judge Sam further ruled that “Utah’s cosmetology/barbering licensing scheme is so disconnected from the practice of African hairbraiding, much less from whatever minimal threats to public health and safety are connected to braiding, that to premise Jestina’s right to earn a living by braiding hair on that scheme is wholly irrational and a violation of her constitutionally protected rights.” | Clayton v. Steinagel, No. 2:11CV379 DS (D. Utah Aug. 8, 2012)

Salt Lake Tribune: Critics had worried that the state’s involvement in the consortium would lead to federal intrusion into Utah schools, because the consortium had accepted federal dollars to help develop the assessments.

Deseret News: A federal judge wants to know whether Utah County’s assertion that it would not prosecute the polygamous family featured in “Sister Wives” is a ruse to avoid a legal challenge of the state’s bigamy law.

Salt Lake Tribune: A Wisconsin-based atheist and agnostic organization has jumped into the debate over a Christian concert planned for next week in Draper.

Salt Lake Tribune: A day after canceling a Christian music concert because of a threatened lawsuit, the Draper mayor and City Council decided Wednesday to hold the show as planned after all. Their decision followed criticism from a Utah evangelical group that scrapping the concert amounted to an assault on religious liberty.

One News Now: “They completely ignore the parental rights of parents,” asserts Alliance Defense Fund (ADF) attorney Jeremy Tedesco. “They think that they can use the schools to essentially fill the role of parents and exclude parents completely from aspects of their education.”

Meridian Magazine (LDS): The Alliance Defense Fund sent a letter Friday to the Davis School District in support of its policy that requires parental consent before children can check out a homosexual advocacy book titled “In Our Mothers’ House” from elementary school libraries . . . “Public schools should not surrender to ACLU intimidation when it asks them to expose children to sexual content without parental knowledge,” said ADF Legal Counsel Jeremy Tedesco. “Parents, not the ACLU, should decide whether young children have access to this type of propaganda, which is obviously aimed at re-educating children regarding the nature of the family. The law clearly upholds the right and duty of schools to protect children and respect the role of their parents.”

Salt Lake Tribune: The tea party, big-spending PACs and challenger Dan Liljenquist failed Tuesday to force 78-year-old Orrin Hatch into retirement. The self-proclaimed “tough old bird” flew easily through the GOP primary, so now only Democrat Scott Howell stands between him and a record-shattering seventh term.

ADF affirms school’s decision to secure parental permission before children check out homosexual advocacy book from libraries

AP: Outside forces played a big role in defeating Republican Bennett in 2010, but have been less united in taking on Hatch.

AP: Authorities in a pair of polygamous Utah-Arizona border towns have supported a campaign of intimidation against the unfaithful, denying them housing and municipal services and allowing members of the dominant religious sect to destroy their crops and property, the U.S. Justice Department said in a lawsuit.

. . . the Utah Supreme Court upheld the convictions (see State v. Butt (Utah June 8, 2012)), reasoning . . . Here’s my question: Can a reasonable jury conclude that the defendant’s drawings appealed to a minor’s prurient (defined as “shameful or morbid”) interest in sex, and especially a 5-year-old girl’s interest in sex? . . .

Salt Lake Tribune: The American Civil Liberties Union of Utah believes a decision by the Davis School District to limit elementary students’ access to a book about a lesbian couple raising children is unconstitutional.

TimesRecordNews: On Tuesday, Utah will become the only state in the nation with a law requiring a woman to wait 72 hours for an abortion.

Blog of the Legal Times: Lee has voted against all of President Barack Obama’s nominees as a response to Obama’s controversial recess appointments to consumer and labor boards in January. And he didn’t back down today.

The Hill: Sen. Orrin Hatch fell just short of an outright victory at the Utah Republican convention, meaning he will face a primary to secure the GOP nomination for his own Senate seat.

The Republic: A federal judge is giving Utah and free-speech advocates 30 days to work out a settlement over a state law that aims to protect children from harmful online material.

Salt Lake Tribune: A controversial Utah law restricting material deemed “harmful to minors” on the Internet should be barred because it unconstitutionally restricts free speech and interferes with commerce, the American Civil Liberties Union of Utah plans to argue in U.S. District Court today.

Baptist Press: Utah Gov. Gary Herbert vetoed a bill that would have prohibited sex education classes in public schools from teaching alternative lifestyles and giving detailed information about intercourse and contraception.

Business Week: Utah (BEESUT)’s Republican Governor Gary Herbert signed legislation extending a required waiting period for women seeking an abortion to 72 hours, one of a number of measures to curb abortions advancing in state legislatures.

KSL.com: Describing it as “the most extreme law in the nation,” the American Civil Liberties Union of Utah has asked Utah Gov. Gary Herbert to veto legislation that establishes a 72-hour waiting period between initial consultation and an abortion procedure.

CNN: If the bill is signed by Gov. Gary Herbert, Utah’s teachers will not be allowed to inform students about contraceptives, “the intricacies of intercourse,” homosexuality, or sexual activity outside of marriage.

The Salt Lake Tribune.

Religion Clause: In Brown v. Herbert, (D UT, Feb. 3, 2012), a Utah federal district court held that members of an openly polygamous family (subjects of the television show Sister Wives) have standing to bring suit against the County Attorney to challenge the constitutionality of the state’s Anti-Bigamy Statute.

News from The Associated Press: Utah’s Supreme Court is deciding whether a sperm donor contract is proof that a man wanted to be a father, even after his death.

The Salt Lake Tribune: One man has sued his wife’s lover for $1.5 million in damages, claiming the extramarital affair ruined his life and caused his wife to run off with her lover to Idaho.

“The state’s high court has determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth.”

A polygamous family made famous on a reality television show is asking a Utah federal judge not to block their challenge of the state’s bigamy law.

MSNBC: A school district in Utah is defending its decision to “out” a middle-school student as gay to his parents in light of safety and bullying concerns.

News from The Associated Press: The U.S. Justice Department filed a lawsuit Tuesday challenging Utah’s immigration enforcement law, arguing that it usurps federal authority and could potentially lead to the harassment and detention of American citizens and authorized visitors

Standard-Examiner (AP): Over the past week, the 12-foot-high Roman crosses have been stripped of the brown and gold beehive-shaped logo of the Utah Highway Patrol, association attorney Frank Mylar said . . . “We’re hoping we can keep the memorials as much intact as possible but change them so that it complies with the (court),” Mylar said. “They really feel strongly that that without the cross there’s no memorial.”

The Baptist Standard (Religion News Service): The conservative Alliance Defense Fund, which asked the Supreme Court to consider the case, was disappointed. “Justice is not well served when unhappy atheists can use the law to mow down memorial crosses and renew the suffering for the survivors,” Alliance Defense Fund Senior Counsel Byron Babione said.

KSTU (includes video and link to ACLU documents): The ACLU sent out a letter to Utah school superintendants after a report of a high school girl who was allegedly told to leave after bringing a female date.

Utah Pulse: Numbers from the Pew Research Center shows that 46% of Americans oppose gay marriage, while 45% support legalization. However, 85% of “staunch conservatives” and 72% of “Main Street Republicans” oppose gay marriage, while Democratic groups are all over the map.

Religion Clause: The Summum organization has been attempting for several years to obtain permission to put up a Seven Aphorism’s monument in a park in Pleasant Grove City, Utah.

Religion Clause: Utah’s Senate Bill 314, signed by the governor last March, imposes new limitations on liquor licenses and the sale of alcoholic beverages.

The New American: ADF Senior Counsel Byron Babione expressed his disappointment in the High Court’s refusal. “One atheist group’s agenda shouldn’t diminish the sacrifice made by highway patrol officers and their families,” he said. “Thirteen heroic men fell, leaving their survivors to mourn and memorialize their loved ones, and now those widows, children, parents, colleagues, and many more must suffer through losing the very memorials that honored those heroes. Justice is not well served when unhappy atheists can use the law to mow down memorial crosses and renew the suffering for the survivors.” [more]

Frank D. Mylar at The Salt Lake Tribune: Justice Thomas sees the Supreme Court’s non-decision here as yet another contributing factor to an “Establishment Clause jurisprudence in shambles,” where no one really understands how the court might rule in a given case with memorials that can be interpreted by some as “religious.” It represents a shift further from the objective rule of law and what America’s founders intended, and instead makes us more vulnerable to the whims of the most easily offended observers — like those who see an effort to “establish” religion in memorials like the crosses in Utah . . . Frank D. Mylar, a Salt Lake attorney, was co-counsel for the Utah Highway Patrol Association with the Alliance Defense Fund (www.telladf.org).

Baptist Press: “It is baffling that the Supreme Court did not take this case, in light of the fact that just last year they said that roadside memorials to fallen troopers would not violate the establishment clause,” said Byron Babione, senior counsel with the Alliance Defense Fund.

FRC: On Thursday, Family Research Council Action’s (FRC Action) Values Voter Bus Tour will make a stop in Murray, Utah next to a roadside cross that is now facing removal in the court case, Utah Highway Patrol Association vs. American Atheists. FRC Action and Congressional candidate Carl Wimmer will express deep disappointment in the U.S. Supreme Court’s refusal on Monday to hear the case.

Crosswalk ReligionToday News Summaries: Justice is not well-served when unhappy atheists can use the law to mow down memorial crosses and renew the suffering for the survivors,” said ADF senior counsel Byron Babione. Justice Clarence Thomas, the lone dissenter, also harshly criticized the court’s decision, saying it rejected “an opportunity to provide clarity” to an area of law that was “in shambles.”

OneNewsNow.com: But Alliance Defense Fund (ADF) attorney Byron Babione tells OneNewsNow that American Atheists claimed the memorials are “a state establishment of religion.” . . . “It is baffling that the Supreme Court did not take this case in light of the fact that just last year they said that roadside memorials to fallen troopers would not violate the Establishment Clause,” the attorney laments.

WorldNetDaily: The Alliance Defense Fund has been fighting on behalf of the Utah Highway Patrol Association to memorialize fallen troopers “in a way they see fit . . . ADF Senior Counsel Byron Babione argued “one atheist group’s agenda shouldn’t diminish the sacrifice made by highway patrol officers and their families.” “Thirteen heroic men fell, leaving their survivors to mourn and memorialize their loved ones, and now those widows, children, parents, colleagues, and many more must suffer through losing the very memorials that honored those heroes,” he said.

Ken Klukowski at the Washington Examiner: The Utah Highway Patrol Association participated in the case as intervenors represented by the Alliance Defense Fund (ADF). The ADF’s lead counsel for UHPA, Byron Babione, said, “One atheist group’s agenda shouldn’t diminish the sacrifice made by highway patrol officers and their families.” ADF would continue to fight to protect these memorials, he added. The slight silver lining in this denial is that Thomas’s dissent suggests that the High Court might not have seen the 10th Circuit’s judgment as covering all roadside crosses, instead regarding it as covering only roadside crosses bearing government insignia (which are presumably rare).

Joseph Infranco at National Review Online: The U.S. Supreme Court announced Monday that it would not review an important case on whether displaying a memorial cross is an unconstitutional “establishment” of religion. Justice Thomas issued a 19-page dissenting opinion noting that “the Court reject[ed] an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles.