Constitutional Law,
U.S. Supreme Court
Jul. 9, 2014
Utah same-sex marriage decision 'begs the question'
The majority opinion fails to square itself with Supreme Court precedent.
The 10th U.S. Circuit Court of Appeals' recent 2-1 decision in the Utah same-sex marriage case, Kitchen v. Herbert, 13-4178, holds that same-sex couples have a "fundamental right" to marry, essentially because opposite-sex couples do. Coincidentally, I recently received an email advertising continuing legal education which addressed the proper use of the phrase "beg the question," noting that it has traditionally meant: "to base a conclusion on an assumption that is as much in nee...
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