Rosky Quoted on States' Rights, Prop 8 in Salt Lake Tribune

On September 18, Clifford Rosky, an associate professor of law at the University of Utah S.J. Quinney College of Law, was quoted in a Salt Lake Tribune article in response to a speech by LDS Apostle Dallin Oaks, in which Oaks stated that states have the right to define marriage and a federal court ruling to the contrary would be unconstitutional because it would upset the balance of powers.

In response, Rosky noted that a 1967 Supreme Court decision overturned a Virginia law banning interracial marriage.

“That was a federal court saying that a state marriage law was invalid,” so such a thing has already happened, and the Prop 8 litigation may not change a balance of power between states and the federal government, Rosky told The Tribune.

The entire Tribune article can be found here.