Kitchen versus Herbert

17 Pages Posted: 5 Jun 2015

See all articles by Brett G. Scharffs

Brett G. Scharffs

Brigham Young University - J. Reuben Clark Law School

Date Written: February 10, 2014


The court does not need to impugn the motives of voters to resolve the question of the constitutionality of Utah's marriage amendment. Charging voters with bias will unnecessarily marginalize those who disagree and chill public debate.

Keywords: court, motives, animus, voters, constitutionality, marriage amendment, bias, marginalize, chill, public debate

Suggested Citation

Scharffs, Brett G., Kitchen versus Herbert (February 10, 2014). Available at SSRN: or

Brett G. Scharffs (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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