In 2004, the incumbent joined his Libertarian and Democratic challengers opposing legislators' constitutional amendment to ban gay marriage. Shurtleff won his bid for re-election anyway, with 68 percent of the vote - two more points than the amendment.

But here we are four years later and the attorney general still seems haunted by that innocuous joint statement.

A month ago, he penned a letter from 10 Republican state attorneys (Shurtleff was the only one up for re-election) asking the California Supreme Court to delay gay marriages in that state until voters consider a constitutional amendment in November.

Then, six days later, he wrote to Equality Utah's members to try to explain his "genuine concerns" that "substantial recognition litigation will result in California's sister states."

Lawyers from both sides of the debate say he's creating a problem where there is none, that gay couples would be wasting their time filing lawsuits demanding that their marriages be recognized in Utah.

"We're not rushing out to get married so we can sue," says state Sen. Scott McCoy, the attorney who roped those three 2004 candidates into a joint statement four years ago. He and his partner are considering a trip west before the polls open - not as part of a legal strategy, but for the symbolism of marriage, the "warm-fuzzy" feelings. McCoy says no Utah couple has tried to challenge Amendment 3 after getting married in Massachusetts. And California won't change things.

"Utah has pretty clearly said what its policy is on gay marriage - twice in statute and then in a constitutional amendment," McCoy says.

Still, Shurtleff ties himself in knots. The attorney general seems to be talking out of both sides of his mouth this election year - playing into conservative voters' fears while simultaneously reassuring Utah's gay community that he hasn't changed a bit.

"As you are aware," he wrote to Equality Utah's members, "I publicly opposed Amendment 3 four years ago at substantial political risk." (He was named an "Ally for Equality" two years ago.)

"Throughout my course of public service, I have tried very hard to be fair and just and have fought for equality and the individual rights of all Utahns." He ended with a stirring quote from Bobby Kennedy and his cell phone number.

His rhetorical contortions are ridiculously unnecessary. The latest Deseret News/KSL poll shows Shurtleff leading Jean Hill, his Democratic challenger, by 50 points.

For his part, Equality Utah Director Mike Thompson doesn't think Shurtleff is playing to his audience. He doesn't mind if he is. "We don't want to dismiss Mark Shurtleff. We want to engage him in dialogue," Thompson says. "He's one of the people who at least will talk to us."

Seems Shurtleff's political demons are more imagined than real.

walsh@sltrib.com