In response to Judge Robert Shelby’s well-grounded and thoughtful 53-page analysis of Utah’s Amendment 3, our governor resorted to an ad hominem attack on the judge, calling him what conservatives label judges who don’t rule as they see fit, an "activist" judge ("Judge strikes down Utah ban on same-sex marriage," Tribune, Dec. 20).
This comment, obviously meant as derogatory, is undeserved and improper. I bet our governor had not even read Judge Shelby’s ruling when he issued his press release.
Judge Shelby’s conclusion was mandated by previous decisions of the U.S. Supreme Court, including its 1967 decision invalidating a Virginia ban on interracial marriage, and its 2003 voiding of a Texas law which criminalized consensual sex between adult men. Governor, would you also label those as the decisions of an "activist" court?
Judge Shelby was correct to determine Amendment 3 is a violation of the fundamental right to marry. Judge Shelby has validated the right of all persons, be they heterosexual or homosexual, to marry and to be free from baseless government intrusion in our private lives. We should be applauding Judge Shelby’s ruling on the merits.
Shame on you, Gov. Herbert, for your shallow name-calling.
Salt Lake City
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