As reported by outlets including Above the Law, well-known LDS attorney Gene Schaerr is leaving his law firm for a new post at the State of Utah. His departure e-mail describes his new role as “defending the constitutionality of traditional marriage.”
This certainly seems like a worthwhile endeavor. It would be terrible if male-female marriage (which is often described as “traditional marriage”) were found unconstitutional, barring straight folks from marrying.
I have good news, though. A careful perusal of the Kitchen v. Herbert opinion reveals that male-female marriage remains completely constitutional in Utah. In fact, based on anecdotal reports, male-female marriages are still taking place in Utah, even after Judge Shelby’s court ruling, and apparently without triggering any constitutional crisis.
It looks like traditional marriage is still constitutional in Utah. And since that’s the case, I guess we can all go home now.