Utah may feel impact of 3 controversial legal rulings

Published: Sunday, Aug. 8 2010 12:00 a.m. MDT

For many politicians, judges are constitutionally authorized nuisances (unless the decisions are useful for a political agenda). Shrewd officials and candidates respond to or utilize court actions to their advantage. We examine the impact of three recent controversial decisions:

Last week, a federal judge in San Francisco overturned Proposition 8, a state constitutional amendment that banned same-sex marriages in California. Many LDS members in Utah contributed to the 2008 Prop. 8 election campaign, which generated tremendous controversy. Will a court decision in California impact elections in Utah?

Pignanelli: "Justice is open to everyone in the same way as the Ritz Hotel." — Judge Sturgess

Although the San Francisco federal court is more than 600 miles away, Utahns are feeling aftershocks. The wounds and hard feelings from the initiative battle are reopened. Some gay militants are hurling public taunts at The Church of Jesus Christ of Latter-day Saints while moral conservatives are issuing a call to arms. Strategists in Utah's major campaigns are developing tactical maneuvers in response.

A hot topic in the 2004 elections, gay marriage was a nonissue this year … until now. Because the Utah Constitution contains a marriage provision similar to that of California, candidates are likely to be asked their opinion of the California development and the Utah law. Clever GOP operatives will use the controversy to force Democrat opponents to submit a public position. Democrats in swing districts will work to balance statements that do not offend their important constituent base of gay and lesbian supporters while appeasing more conservative voters. Same-sex marriage is once again on issue in Utah's 2010 elections.

Webb: It was a dreadful decision, overturning the will of the voters and a decision that liberals and Democrats may come to regret. The judge has tossed out some red meat for conservatives. The decision will energize the Republican base and provide further evidence of the need to elect conservatives to fight the liberal judiciary that wants to attack traditional values and make laws rather than interpret laws. With most voters across the country opposing same-sex marriage, Republicans may get a nice boost at the ballot box. The decision will be appealed and this fight will go on, at all levels and branches of government.

How will the San Francisco decision impact further political involvement by Utah Mormons in this issue?

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