From Deseret News archives:
Shurtleff stands by his criticism of Amendment 3
'Let's fix it' to withstand court challenge, he says
Shurtleff told the Deseret Morning News editorial board Thursday that he's the one who will have to defend the legislation. If it passes, he said, the amendment will be challenged in federal court.
"My concern here is let's fix it," Shurtleff said. "Let's pass one that I'm confident we can win."
Shurtleff said he became concerned about the amendment after speaking to the attorney general of Nebraska, whose similar constitutional amendment is being challenged in federal court based on its clause preventing relationships such as civil unions. Plaintiffs say that clause forever bars a group of citizens from seeking legal benefits from their state legislature.
Utah's amendment also has such a clause, though it's worded differently.
Shurtleff said Nebraska is the only state so far with a so-called "second part" and, significantly, is the only state facing a legal challenge.
"The people of Utah have the right to know our concerns," Shurtleff said, referring to himself and his two opponents, Democrat Greg Skordas and Libertarian Andrew McCullough, who issued a joint statement opposing the amendment.
"The language here is narrow," he said. "The Supreme Court has held that time and time again . . . marriage is an institution that is positive, it contributes to society, it gets people off welfare. If a state wants to protect and give it preference," that's legally defendable.
Christensen did not return phone calls for comment.
Shurtleff said the arguments over the amendment ultimately won't matter.
"It will end up in the U.S. Supreme Court," he said. "The only amendment that's going to matter is the U.S. Constitution."
In a wide-ranging interview, Shurtleff also discussed charges from his opponent Skordas that he spends too much taxpayer money on outsourcing and on defending cases that he isn't likely to win.
Shurtleff spoke specifically to the 2000 Census, in which Utah went to court after it narrowly failed to gain an extra congressional seat when its overseas residents mostly missionaries for The Church of Jesus Christ of Latter-day Saints weren't counted. The U.S. Supreme Court ruled against Utah.
In that case, Shurtleff said the state governor and lawmakers insisted on outside counsel because of the resources involved, adding that the money was well spent.
"That's 10 years of underrepresentation," he said. "I thought we were going to win."
E-mail: dbulkeley@desnews.com
Comments
- Sports on the air 1:21 a.m.
- 2009 MLS Cup recap 12:45 a.m.
- MLS Cup winners, MVPs 12:41 a.m.
- Real Salt Lake: Game at a glance 12:36 a.m.
- Paper circulation worse than it looks 12:28 a.m.
- RSL wins MLS Cup on penalty kicks 12:22 a.m.
- Editorial: Cancer screening 12:15 a.m.
- Afterthoughts 12:15 a.m.
- Treat teachers with respect, trust 12:15 a.m.
- 'Reform' helps old, hurts young 12:15 a.m.
- BYU records with win
- Jazz outlast Pistons in overtime
- Glenn Beck to enter politics?
- Cougars turn focus to dreaded rivals
- Cougars put the fun back in football
- Former BYU professor remembered
- Kirilenko heating up for the Jazz
- Police link alcohol to murder
- Wendover airfield's legacy lost?
- Florida No. 1, TCU 4 in AP Top 25
- Buttars wants to limit gay rights laws
202 - Glenn Beck to enter politics?
191 - Palin plans tour stop in Utah
178 - RSL wins MLS Cup on penalty kicks
130 - BYU records with win
129 - Palin's book shows she's unqualified
125 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
100 - Jazz finally win in San Antonio
98 - Utes knock off rival Aggies
93
A little after midnight Wednesday morning, about 21 hours ago as I write...
There's a lot of reason to leave your plastic home as you shop:
That game was amazing! I think this will really help the sport grow in Utah....
Congrats on a great win. Utah as a whole should be proud not just of a major...
Congrats Real Salt Lake! but, they aren't the first major sports team to...
I told ALL of you how much i liked NED Pure irony his contributions vs x...
this is to NevadaUTE @ 10:25!!! I love soccer, I love Real and it brought a...
wow!!! amazing. UTAH JAZZ DO SOMETHING!!!
So much fear and anger from Beck lovers. You all lost the last election, we...
This is the most emotion I have had watching a sporting event since my...
Nicky Rimando is my hero! I love that guy. He has had his detractors, but...
Two stars means nothing! We played as a team and it showed! I'm still in...


You can be the first to comment on this story.