This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Why is it that so many Republicans cannot accept judicial rulings that go against their beliefs without labeling the judge as a "activist"? Such is the case with Gov. Gary Herbert's reaction to Judge Robert Shelby's ruling that Utah's Amendment 3 is unconstitutional.
The simple truth is, society's opinions and beliefs continually evolve. And courts' and judges' decisions reflect those changing attitudes.
Were the judges on the Supreme Court "activists" when they ended school segregation in "Brown vs. Board of Education"? Or when the court ruled that laws prohibiting interracial marriage were unconstitutional?
Or were those judges simply reflecting changing attitudes, while guaranteeing the rights of all people?
Mr. Herbert's reluctance to accept a culture shift on same-sex marriage is reminiscent of a scene from "Inherit the Wind," a movie about a teacher in trouble for teaching the theory of evolution in public schools. In that play, two attorneys (and former close friends) represent opposite sides.
The more conservative Matthew Brady asks Henry Drummond, "Why is it, my old friend, that you've moved so far away from me?"
To which Drummond responds, "All motion is relative, Matt. Maybe it's you who've moved away by standing still."
Rich Love
Holladay