Jake Oaks says the Utah Constitution defines marriage as between a man and a woman. A federal court says that provision violates the U.S. Constitution.
Jax Collins, left, and Heather Collins are overjoyed as they are married by Rev. Christopher Scuderi of Universal Heart Ministry on Monday, Dec. 23, 2013, at the Salt Lake City County offices. Hundreds of same-sex couples descended on county clerk offices around the state of Utah to request marriage licenses.A candidate for Utah County Clerk says he won’t issue marriage licenses for same-sex couples if he’s elected, arguing any federal regulation of marriage is unconstitutional.
Utah’s constitutional prohibition on same-sex unions, known as Amendment 3, was approved by voters in 2004. Although it’s still on the books, it was struck down by a federal judge in 2013 who ruled it violated the 14th Amendment’s guarantee of equal protection and the 5th Amendment’s guarantee of due process. The decision was appealed to the Supreme Court, which refused to hear the case.
Oaks, who says he’s primarily self-taught on constitutional matters, refused to say the courts decided the case wrongly but repeatedly pointed to the 10th Amendment, which says any power not given to the federal government is reserved to the states. Since the Constitution does not mention marriage, by Oaks’ reasoning, the federal government has no business telling Utah what to do when it comes to marriage.to issue marriage licenses to same-sex couples.
If Oaks were to follow through with his plan, it would most likely bring a reaction from the federal government or, at the very least, a lawsuit. Does he believe the cost of defending against the feds or fighting a lawsuit is a good use of county resources funded by taxpayers?
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