In 2004, lawmaker LaVar Christensen — a Republican who currently represents Draper in the Utah Legislature — sponsored the "joint resolution on marriage," which put Amendment 3 on that November’s ballot. Voters subsequently approved the amendment, which banned same-sex marriage and is currently the subject of a lawsuit in Utah’s federal court.
In a note included with the proposal, the Office of Legislative Research and General Counsel made this prescient observation:
"In Zablocki v. Redhail, 434 U.S. 374 (1978), the United States Supreme Court concluded that the right to marry ‘is of fundamental importance,’ requiring ‘critical examination’ of the state’s interest in creating a classification that interferes with that right."
"The Court has not specifically decided whether a state’s interest is sufficiently compelling to justify restricting the right to marry to a man and a woman. Other cases could be argued by analogy to suggest that restricting the right to marry to a man and a woman violates federal due process or equal protection provisions."
"If the amendment to the Utah Constitution proposed by this joint resolution is approved by voters and becomes part of the Utah Constitution, it may be susceptible to challenge under the federal due process or equal protection grounds. Relevant case law is inconclusive, and how a court would ultimately decide the constitutionality of the provision under the United States Constitution in the context of a specific lawsuit is difficult to predict."
|1.||Family says police shot Utah man because he was black|
|2.||Utah Jazz: Derrick Favors is a grounded guy — and a Utahn|
|3.||Bear attack in Wyoming kills Utah man|
|4.||Kragthorpe: Brandon Doman moves on, from BYU to little league|
|5.||Regulators weighing wireless connecting standards|
|6.||Mormons’ close-knit nature, values drive them to GOP|
|7.||Ex-LDS presiding bishop is favorite to head UTA board|
|8.||Martin MacNeill to serve up to 15 years for sexual abuse|
|9.||Evidence disputed in Saratoga Springs shooting|
|10.||Utah author James Dashner getting the Hollywood treatment with ‘The Maze Runner’|