Although all three candidates for Utah attorney general oppose the proposed constitutional amendment on same-sex marriage, Democratic challenger Greg Skordas says incumbent Republican Mark Shurtleff should take some of the blame for allowing it to get on the ballot in a flawed form.
"I wouldn't have done what my opponent's done and sit back and wait until the legislation is two-thirds down the road and then criticize the Legislature for what they've now created," Skordas said Tuesday during a debate at the University of Utah law school.
"If I was the attorney general I would be able to consult, and the Legislature would come to me before they got down the road we've taken so far," he said.
Shurtleff insisted he had no opportunity to fix problems with the proposed amendment before it cleared the Legislature by two-thirds majorities.
"I wish the Legislature had come to me during the session, but instead they went to outside counsel. . . . The second part of the amendment has substantial constitutional concerns," Shurt- leff said.
The first-term attorney general has taken a lot of flak from his own Republican Party for coming out against the proposal. But Shurtleff has stood his ground on the issue.
While supporting the attempt to strengthen Utah's existing ban on gay marriage, he says the restrictions on legal rights for those in other "domestic unions" would permanently "deprive a group of citizens the right to approach the Legislature, the right to participate in the political process and the right as an American to seek redress and seek benefits."
Skordas opposes the entire amendment, including the part defining marriage as between a man and a woman. "We have a law that outlaws same-sex marriage," he said.
But he said the Utah Constitution, which he considers almost a "sacred" document, "is not something we should just easily amend based on the fears and phobias of our Legislature."
Libertarian candidate Andrew McCullough also opposes the whole proposal. The legal contracts and commitments of two individuals are not the business of government. "I don't know that I can understand how it hurts society," he said.
During the debate, sponsored by The Federalist Society, all three candidates agreed that the University of Utah did the right thing in implementing a "religious accommodation" policy to protect the First Amendment rights of students and faculty.
Also, Shurtleff said it is the proper role of his office to aggressively enforce laws against the "pervasive" outpouring of increasingly explicit and violent pornography, especially that that involves children. He did not specifically answer a question as to whether the state needs the position of "porn czar," which was created a few years ago by the Legislature, but which has since disap- peared.
Skordas said there is no need for a porn czar, but said the attorney general and local prosectors need to enforce existing obscenity laws.
McCullough, whose law practice is largely built on defending topless dancers and clubs against obscenity laws, said he applied for the porn czar job when it was created.
"I kind of thought it would be the best job in the world since I don't believe in the concept of obscenity, but I'm not unwilling to look for it," he said.


