From Deseret News archives:
U. gun ban shot down
But university vows to continue its court fight
In a 4-to-1 ruling issued Friday, the Utah Supreme Court found that the U.'s policy banning guns violates state law. Specifically, the majority of justices found that a university, although granted some autonomy under the Utah Constitution, cannot create policies that are contrary to state law.
Utah Attorney General Mark Shurtleff joined legislative leaders Friday in lauding the decision. Shurtleff said the case was not about guns but more about control. "Although people think this case has been all about guns, it's really been about the rule of law and who sets the law and who has to obey the law. The message this decision sends today to everyone is that no one is above the law," Shurtleff said.
Meanwhile, the university's president, Michael K. Young, insists the battle will go on in federal court and vowed that the school's no-guns policy will stay in place.
Shurtleff, for his part, said the university will be in violation of state law if it does not comply. He said if officials have a problem with gun laws, they need to take it to the Legislature.
However, leaders at the Legislature have been left with some sore feelings over a legal battle that dates back to 2001. Utah Senate President John Valentine said the ruling Friday "affirms that government by the people, through their elected representatives, is the law of the land. There is really no room for independent islands of authority within state government."
State Senate Majority Leader Peter Knudson added, "On behalf of the Legislature, we welcome dialogue with all universities and colleges in our state. We're open to dialogue with them, but I think with this decision today, there aren't many who will find a soft spot in the Legislature."
The fight has been over who really calls the shots on public campuses. For several years, the University of Utah has had a policy banning firearms on campus, citing the preservation of an academic environment free from intimidation.
In the majority decision, Justice Jill Parrish wrote, "The attorney general maintains that the university has no power or autonomy under the constitution that would permit it to disregard state law. We agree with the attorney general."
Recent comments
Yea, thou I walk through the valley of the shaddow of death, I will...
Concealed weapons permit | April 26, 2009 at 6:08 p.m.
I am a student at the U of U and think this whole debate is simply...
Nick Johnson | April 26, 2009 at 5:21 p.m.
- Stocks rally trade deficit, jobs data 7:46 a.m.
- Pakistan: 5 U.S. have al-Qaida link 7:45 a.m.
- 'Candid' talks with North Korea 7:38 a.m.
- Frigid temps follow Midwest snow 7:34 a.m.
- Gay-friendly curriculum phased out 7:32 a.m.
- Everton seeks Donovan on loan 7:27 a.m.
- Debating Wall Street regulations 7:26 a.m.
- Text of Obama's Nobel speech 7:07 a.m.
- Obama defends wars, accepts Nobel 7:04 a.m.
- Oct. trade deficit drops to $32.9B 7:02 a.m.
- Hot Rod behind mic for Lakers
- Panel passes BCS playoff bill
- Crash landing next to I-15
- Max Hall wants to look ahead
- Palin signs books, chats with fans
- Psychologist: Mitchell schizophrenic
- Cougars use depth to beat ASU
- Non-BCS schools not given fair shot
- Jazz go up against 'the best'
- Many seek to wipe clean misdeeds
- Letters: Global warming a lie
230 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
184 - Cougars going back to Vegas
150 - Utah/BYU rivalry can be more civil
147 - Andersen apologizes for Jordan hoax
138 - Max Hall wants to look ahead
120 - Revive full food tax?
100 - Palin signs books, chats with fans
99 - Yet again, we learn BCS is a big joke
94
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
My wife Lisa and I would prefer never to argue. But that's not going to...
For the latest news in the health care debate and how it affects you...
Beck has some 2 million listeners, so I've heard. There 300 million...
I am so glad that we have a humble, caring, smart man in the office. If we...
Sowell is a partisan doctrinaire, more interested in advancing his fiction...
You really don't get it do you? Roads and bridges are a temporary fix to the...
Not even close. The division has always been between the ideologies of...
A fun hypothetical: can anyone beat the Nets while shooting 34%?
Wow - and they say the right is full of hate...
Cut taxes, cut taxes and cut taxes. Seems to be the Republicans only...
Have the Jazz ceded the title to the Lakers?
Now where is thet Hot Springs located?



