Utah defended traditional marriage on April 10th. Oklahoma scheduled its defense of traditional marriage in the U.S. 10th Circuit Court of Appeals (where Utah continued its defense) on April 17th. The Utah Attorney General’s office believes that other states will continue their defense as well. There is a widespread belief among legal scholars and officials who want to defend traditional marriage that this issue needs to and probably will end up before the U.S. Supreme Court on appeal. Utah does not plan to appeal to the Supreme Court, though, if it wins 100 percent on the issue of defending Amendment 3—the Utah Constitutional amendment defining marriage as between a man and a woman. Missy Larsen, spokesperson for the Utah Attorney General’s office, indicated that a decision could come from the 10th Circuit Court of Appeals around the end of May.
Elder Dallin H. Oaks, a member of the Quorum of Twelve Apostles of The Church of Jesus Christ of Latter Day Saints, was interviewed by two members of the church’s own Public Affairs department on December 12, 2012. A common theme was that simply legal does not make morality in the eyes of God. In that interview, Elder Oaks stated that there are two purposes of law. One is to “define and regulate the limits of acceptable behavior…”, and the other is to “teach principles for individuals to make individual choices.” So, in response to a question about the LDS church’s position regarding a Constitutional amendment defining marriage as between a man and a woman, Elder Oaks recognizes validity to the idea of some citizens that marriage should be defined at the state level. However, since federal judges have entered into the issue, the issue must now be fought at the federal level. Elder Oaks stated, “In summary, the First Presidency has come out for an amendment (which may or may not be adopted) in support of the teaching function of the law.”
Elder Lance B. Wickman, who was also interviewed by Public Affairs at the same time, also responded. He also believed that the issue would end up in the Supreme Court. However, he also stated: “Decisions even for members of the Church as to what they do with respect to this issue must of course rest with each one in their capacity as citizens.” Another avenue put forward by the 10th Amendment Center and referred to, although indirectly, at the Weber County Republican Convention on April 12th by many candidates and governmental officials, including Governor Herbert, is State of Utah action to oppose unconstitutional actions by the federal government. A speech given by Attorney General Sean Reyes, where he indicated his strong support for traditional marriage brought the most applause and a standing ovation from most of the delegates present. These state actions to defend the Constitution have proven effective over the years to varying degrees.
