From Deseret News archives:

Mark Shurtleff answers Deseret Morning News questionnaire

Utah Attorney General

Published: Monday, Oct. 4, 2004 8:01 p.m. MDT
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7. In Lawrence v. Texas, the U.S. Supreme Court recently ruled sodomy laws, such as the one on Utah's books, as unconstitutional. There have been several unsuccessful attempts to strike the Utah law in the courts. In light of the U.S. Supreme Court ruling, should Utah's sodomy law be taken off the books?

That is a legislative question, best addressed by those who make the law, not by those enforcing and defending the law. However, I have publicly stated that based on that ruling, Utah's sodomy law is unenforceable. As attorney general, I have done my duty by opposing actions brought that lack legal standing and brought solely to make money for the plaintiff's attorney.

8. The Utah Supreme Court is considering a dispute between the University of Utah and the state over the university's policy of prohibiting faculty, staff and students from bringing guns on campus. The state contends only the Legislature has authority to enact guns laws in the state, while the university contends it should not be subject to the Legislature's authority.

A. What is your personal view about guns on college campuses?

B. Should state colleges and universities be autonomous from the Legislature's authority? Why?

C. Should the state have appealed the lower court ruling that found the university's gun ban was legal? Why?

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In this application of the law, the personal opinion of the attorney general is not relevant. What is relevant is current Utah law. My duty is not to pursue personal agendas, but to uphold, enforce and defend Utah law. It is true that, pursuant to the Utah Constitution and laws, only the Legislature has authority to enact gun laws, and the University of Utah is subject to the Legislature's authority. Funded by citizen tax dollars, state colleges and universities are not autonomous from the Legislature. Those institutions of higher education receive state funding and are accountable to the state for their spending and performance, so it is appropriate the Legislature should require those institutions to abide by the law. Unfortunately, instead of obeying the law and working to change it, the university president decided to sue me for doing my duty and informing him, in response to a request for formal legal opinion, that the policy was contrary to state law. I and my attorneys made the correct decision to appeal the trial court's erroneous ruling on legislative intent, as demonstrated by the Legislature subsequently clarifying the law.

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