Gary Herbert Quotes


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His view was that since gay marriage did not affect anyone else but the gay couple, it should not be illegal. This is an early Thomas Jefferson idea (see {604940} ) where Jefferson argues that since it does not effect him or anyone else if a person worships 20 gods or none, he and society has no business legislating against it. Those on the opposite side argued that if someone was an atheist or a pagan, it damaged the culture as a whole and offended their sense of morality. Therefore there must be a state religion. In modern times we are debating the same principle only gay marriage is the subject. Should the majority moral view control all or only those things that directly and negatively affect other people and not their moral sensibilities.


This quotation illustrates the brilliance of Scalia. He was in the minority of the Justices when he opposed gay marriage. However, instead of just writing a caustic dissent—which he did—he posed this question to one of the most brilliant attorneys in the country who was arguing the case for gay marriage. Clearly, gay marriage was not considered unconstitutional when the Founding Fathers wrote the Constitution. It is almost certain that no one in those times even considered such a prospect. However, by 2013 a number of states had allowed gay marriage, and the majority of Americans favored it. The best Olsen could answer was “There us no specific data in time. This is an evolutionary cycle”. Despite his oratory tour de force, Scalia was again in the minority and his view did not prevail. Public opinion had clearly changed, and most judges believed that the interpretation of the Constitution most also change and there is no more a specific time to say exactly when that change took place than there is to say exactly when America concluded that the nation should have Prohibition or any other social norm.


Gary Herbert
Gary Herbert
  • Born: May 7, 1947
  • Nationality: American
  • Profession: Politician

Gary Richard Herbert is an American politician who served as the 17th Governor of Utah from 2009 to 2021. A member of the Republican Party, he chaired the National Governors Association during the 2015–2016 cycle.