Update on Utah’s States Rights Mess Over Marriage

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We’ve been contacting the governor, the legislature, and other elected officials. This is a sad state we are in, pun intended.

Utah has no support from its Governor to defend its marriage law. He has taken precisely the wrong action to weaken our case before the 10th Circuit by ordering the Counties to comply with an unconstitutional judicial ruling and one that forces County Clerks to break state law by issuing illegal marriage licenses to same sex couples.

The County Clerks who caved in also dramatically weakened the already weak case the Utah AG’s office appealed to the 10th Circuit Court to defend our marriage law. That resolution will be a long time coming. Meanwhile, same sex marriage licenses are becoming the status quo.

And to make matters even worse, the Utah legislature has no motivation to call a special session and, in fact, many are simply taking a “wait and see” approach to what the 10th Circuit will rule.

And the federal delegation is still silent when they should ALL be standing up for Utah.

Where is the checks and balance here? We did not elect them to be wimps. We need to know who is with us and who is against us.

One federal judge cannot – does not have the authority constitutionally – to overturn a law. Attorneys who believe they have omnipotence and that their word is the last word need to get off their arrogant high horses and stop pandering to precedent or stare decisis law.

The Constitution is the Constitution, not what one judge interprets it to be either unilaterally (as in this case) or even in a 5-4 decision by nine people in black, and this district judge’s interpretation is a far cry from its original intent.

Here’s what is happening:

The “stay” appeal to stop the issuing of licenses until the 10th Circuit ruling is announced is now in the hands of none other than Supreme Court Justice and radical feminist Sonia Sotomayor, who may or may not rule solely or who may open up the decision to include her colleagues.

The 10th Circuit has received the Utah AG’s appeal to defend our law. It was weak. Today is the deadline for the opposition’s response to Utah’s appeal. This appeal has little chance of surviving because two key points were deliberately omitted – morality and religious liberty – that do NOT have precedent and would have kept this matter in the state of Utah. That decision may take months or a year.

Meanwhile, Utah is issuing same sex licenses, establishing a new precedent.

Please get involved now!

Join us at a grassroots building event:

County Sheriff Richard Mack
Protect Utah’s States Rights and Constitution
What We the People, the County Sheriff and Clerk Can and MUST Do NOW!

Saturday, January 4, 2014, 7 pm
Highland City Community Center
5378 W 10400 N, Highland, Utah
(I-15 S Exit 284 – Thanksgiving Point, east to 5300 W, turn south to 10400 S turn west)
Sponsored by the Constitutional Sheriffs and Police Officers

And sign the petition to the right!

In The Words of One Attorney from Utah’s Washington County

It’s my understanding that because Washington County issued licenses to same sex applicants just before the county offices closed on the day of the ruling, Washington County strengthened Judge Shelby’s argument when he refused to stay his ruling.

In fact, the judge’s refusal to stay his ruling cites counties in Utah that had already issued licenses and, therefore, transformed the status quo from traditional marriage to same-sex marriage.

I think this issue needs to be pointed out. By jumping the gun, certain counties strengthened Judge Shelby’s ruling.

There was arguably little reason to breathlessly hand out marriage licenses to same-sex couples almost immediately after the ruling was issued. (For example, no court would have held county officials in contempt for awaiting ruling on the State’s motion for a stay of the same-sex order. How did certain county attorneys read the 53 page ruling, analyze it, and quickly develop and execute a new policy on an issue that the AG’s office was requesting a stay?

That is unwise. Deliberation and order is key to preserving law.

Furthermore, if particular sections statutory code and a certain constitutional amendment of Utah were stricken, what of common law interpretations and rulings? And if the judge failed to include an injunction against common law notions (which assume traditional marriage relationships), why should counties rush to augment the judge’s possibly and incidentally limited ruling?

I’ve been speaking with an appellate attorney in Idaho who agreed that it’s possible (under law, theoretically) that gay citizens (who support traditional marriage) may be willing to sue under the same argument, get another judge on the district court level, and get a competing ruling, which preserves marriage.

For previous historical information on this bizarre situation unfolding in Utah please connect to this blog post.

How a decade of SSM has changed Massachusetts and destroyed marriage.

Here is my email I sent out today

    Obama is waging a war against states’ rights, Utah and its state Constitution, the U.S. Constitution.  What his appointee US District Court Judge Robert Shelby has done to try to overturn Utah’s marriage law is the latest battle. 

    And for those who understand what’s at stake, this is the LAST STRAW!  A grassroots explosion is in the making.


    Stand Up For Utah’s States Rights with a Utah Grassroots Uprising
    You are invited!  If you care about your children’s future, you will be there…

    County Sheriff Richard Mack
    Protect Utah’s States Rights and Constitution
    What We the People, the County Sheriff and Clerk Can and MUST DO NOW!

    Saturday, January 4, 2014, 7 pm
    Highland City Community Center
    5378 W 10400 N, Highland, Utah
    (I-15 S Exit 284 – Thanksgiving Point, east to 5300 W, turn south to 10400 S turn west)

    This is it.  It’s time for a grassroots uprising.  It’s now or never.
    The governor has caved.  The AG’s office has blown the case.  The legislature is not taking any immediate action.  The clerks have followed their county attorney’s advice. 

    It’s now up to us, We the People.

    If we don’t do this, marriage is going to fall across the entire
    nation.  And they are watching us.  What will Utah do?

    Join County Sheriff Richard Mack as we rally to learn what Utah
    can do to stave off the judicial activism that has recently tyrannically
    overturned Utah’s State Law protecting marriage.

    your neighbors, your County Sheriff, County Clerk, County Attorney and
    County Commissioners to attend with you. 
    Pass this message on to everyone!  We are rallying to get organized after this meeting.

    Sheriff Mack won a case against the federal government when he stood up to protect his county’s 2nd Amendment gun rights.  He will show us how to stand up for Utah! 


    [Contact.First Name], we are in a real war being waged against Utah by the Obama Administration.  We are building a grassroots uprising to defend our state Constitution and rule of law.  We need your help today.  This is taking time and money to manage this crucial campaign. 

    First, we need volunteers!

    Second, please consider a donation of any amount to American Leadership Fund.  We promise to use your money wisely.  One of Utah’s state legislators has been waging a twitter war against me accusing me of raising money for my personal gain calling it “#shameful.”

    This is totally false.  We use every penny wisely.  Not one cent goes to me personally.

    Your support will help us to continue to cover basic expenses to communicate, to print materials, to hold meetings in buildings that require deposits, to pay for necessary permits and other technology needed for events, and to pay for the accounting to file official required reports to the state.

    Contribute Now


    The popular media have been so sneaky and very shrewd in convincing a nation that this is about “fairness.”  Now many ask:  “What difference will this make to me and my family anyway?” 

    Many falsely believe that it will have no impact.  Some say “Live and let live! This is inevitable.  The fight is over.” 

    Not so!  We cannot remain silent or allow defeat.  We must be informed.  Please get informed!

    We must understand what a decade of same sex marriage in Massachusetts has taught.  This is about our children and grandchildren.  

    Please, please, please… watch this video to see what has happened in Massachusetts in the past decade of legalized same sex marriage.



    This war Obama is waging against Utah is actually not about marriage.  It’s about transforming society into a secularized, centralized, all controlling government that disregards the 10th Amendment and our First Amendment rights.

    Yes, the marriage issue is just one of many issues the states are battling against Washington DC.  Here’s a short list:

    The unconstitutional land grab keep Utah and other states’ vast natural resources from the People so we can prosper and be independent from these wars in the Middle East

    The ObamaCare hostile take over of our health care liberty.

    The move to nationalize all schools under a common core to dumb down our nation.

    And the government take over of marriage, usurping the role of the Church to declare which of its adherents may be married according to its doctrines, is the latest attack.

    This battle is about anger and hatred toward religion.

    It’s about the destruction of marriage and family and putting children at risk without a mom and a dad in the home.

    It’s about recruiting every child – yours and mine – through “tolerance” lessons, phony “anti-bullying” campaigns, constant drilling on how to have “safe” sex with whoever and how to use condoms – soon with gay partners.

    It’s about legalized sexual exploitation of your children in our public schools.

    And it’s about spreading lies about how this is a “civil rights” issue, how raising children in same sex couple homes is not just “normal” but how it is “better.”

    What are we doing? What are we thinking?  Where are the parents?  In the words of KNRS radio talk show host in Salt Lake City, “Where is the outrage?”


    We are building a Utah grassroots uprising to defend our Constitutional law  and learning how we can seek protection through our County
    Sheriffs and County Clerks! 

    The nation is watching Utah.  If we do not protect marriage in Utah, it will fall state by state.  If we do not get out of our comfort zone and get noisy and fight with our words more aggressively, we will continue to lose.*

    But if we confront the enemy, we will win it for the nation.  We cannot fail our children and their civil rights to have both a mom and a dad in a committed marriage.

    If you are in Utah, search online for your County Clerk and Sheriff and contact them today.  Ask them to attend this
    critically important event and to uphold Utah’s law! And forward this message to your friends…

    If you would like a summary of what has happened in Utah and an update, as well as the the historical background and the words of one Utah attorney who lives in Washington County…

    We ARE fighting back and we MUST fight back, and we must do it NOW.  We need you – the grassroots – to take immediate action. *

    We will also keep you updated on upcoming events.  Get ready to rally.

    It’s time for us to stand up and say, “We’re sick and tired
    of being bullied by the federal government.  Don’t mess with UTAH!”  If
    you agree…

    Again, please … take just a brief moment to send a generous contribution to the American Leadership Fund – $25, $35, $50, $100 or more will help us keep you informed and allow us to advocate for principled leadership and fiscal restraint.

    Contribute Now

    Thank you so much for your kindness in the past and for your help today.


    Cherilyn Eagar
    American Leadership Fund

    *For the Mormons on this list, read The Book of Mormon, Alma 46.  Those
    people faced the same challenges.  They were not passive – or even civil.  They got noisy and they came running to save their families and religious liberty. 

    And it was NOT the churches that took on the battle!  It was the PEOPLE.

    Although we are not in a physical war as they were, we must fight with our words if we are to win.

    We need you to join us today.  See you Saturday!

    Sheriff Richard Mack
    Saturday, January 4, 2014, 7 pm
    Highland City Community Center
    5378 W 10400 N, Highland, Utah
    (I-15 S Exit 284 – Thanksgiving Point, east to 5300 W, turn south to 10400 S turn west)

    More World Class Web Conferences

    • Marriage, Gender Identity, Non-Discrimination,
      and Religious Liberty
    • How to Survive the Hostile Government/Hospital Take-Over 
    • How to Restore Local Control and Representative
      Government in Education
    • Why the Neighborhood Election Must Be Preserved and
      Why Your State Needs to Restore It

      This web conference series will also feature colleagues and noted researchers and
      authors in this quest to restore limited government, fiscal responsibility and principled leadership.To recommend future presenters and topics, or to submit an article for distribution, contact Cherilyn Eagar by replying to this email.

      Schedule a LIVE Presentation
      If you would like Cherilyn Eagar to present any of these topics to your neighbors or
      organizations in person, contact us by replying to this email.

    Stop Nationalized Education and ObamaCare

    you are concerned about what’s happening with health care and
    click here to let your elected officials know where you
    stand on these issues.

    So that we can continue to send these news and alerts, to educate and advocate for constitutional governance, please consider a generous donation of any amount to the American Leadership Fund.  Your gift of $35, $50, $100 or more is appreciated.  A monthly donation of $5 or $10 or more will go a long way to make a difference. 

    Contribute Now

    If you prefer to donate by mail, send a check payable to:

    American Leadership Fund
    999 Murray-Holladay Road, Suite 202
    Salt Lake City, Utah 84117

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7 thoughts on “Update on Utah’s States Rights Mess Over Marriage”

  1. THIS IS COMPLETELY FALSE: “One federal judge cannot – does not have the authority constitutionally – to overturn a law. Attorneys who believe they have omnipotence and that their word is the last word need to get off their arrogant high horses and stop pandering to precedent or stare decisis law.”– The federal judge has a sworn duty to uphold the constitution regardless of local laws. It is important that you be factual and this is not.

    PLEASE POINT OUT WHAT IT MEANT (WITH FACTS THAT ARE MISSING HERE): “The Constitution is the Constitution, not what one judge interprets it to be either unilaterally (as in this case) or even in a 5-4 decision by nine people in black, and this district judge’s interpretation is a far cry from its original intent.”

    1. Stare decisis or case law is what is taught in law schools today. However, a few on the U.S. Supreme Court are committed to originalism or original intent.

      Because one judge says “it’s so” simply does not make it so. If your declaration were true, then this judge is out of line with his ruling because the U.S. Supreme Court has ruled that marriage is a state, not a federal matter and he has defied that ruling.

      One judge does not have authority to overturn local law. The County Sheriff is the bottom line and the Sheriff is the check and balance in protecting his county and the people against an over-powering state or federal presence, my friend. Check your constitutional originalism.

  2. Hey you mean ugly contoling hag. Now that we are on the other side of history were you can’t claim the sky will fall if gay marriage is allowed you better put you money where your mouth is and show us some statistics on how many traditional marriages have been destroyed by this so far since that has been your claim for years now.

    So how many straight couples have filed for divorce because of this??? How many just decided to not get married because of this??? Were babied not born? Did straight couple yell at each other?? Put your money where your mouth is and show us where the harm has been done to anyone but the gay population. I hope you get some of that ugly karma you are sending out come back at you. You have not been hurt by this neither has anyone else. 

    1. To Kurt,
      I did show how this ruling harms everyone. You apparently did not read the blog post. You can view a video in this post that explains the 10 year history of Massachusetts since the legalization of gay marriage.

  3. Ms. Eagar, 
    I have a few questions for you… You say in your post that the Judge Shelby’s ruling is somehow unconstitutional and that he is forcing people to break the law. Now, I am pretty sure I know the judicial process but a Federal judge does have the power to strike down a law that he deems to be unconstitutional. By doing that it voids the law under the Federal Equal Protection clause and the Due Process clause of the Constitution. How is this illegal? It may turn out that the Supreme Court will overturn the decision but until then it is LEGAL to get a same sex marriage in Utah. 

    It’s interesting that you bring up “checks and balances” as this is exactly the case for the Judicial branch’s power over the Legislature. One of the central points of the Supreme Court case is the question: “Does the electorate have the right to vote on the minorities Constitutional rights?” They came down saying no. Which, I am surprised to see Mormons in this state so outraged by it. In their history they have been wild abuses of Executive and Legislative power used against Mormons. Remember Missouri Executive Order 44?
    I guess it all boils down to sour grapes I think. Fear mongering and grousing are not going give you victory Ms. Eagar. The more and more people are seeing that we as gay people aren’t much different than our straight counter parts. There is a reason why your sides arguments and in turn the States’ arguments were so weak and lost so badly. It took a long time for us to get here and we are not going back to second class citizenship.
    Zach Tomney 

  4. Well…. Seeing as there is no response from you I will assume you concede your points. Honestly, I am not surprised as most of what you post on here is bigoted opinion and outright lies. Hope to see a apology post here soon. 

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