U.S. Supreme Court Grants Stay Of Utah Gay Marriage Order; Trestin Meacham Ends Fast After 15 Days

On January 6th, 2013, the U.S. Supreme Court put same-sex marriages in Utah on hold, granting the state’s request for a stay while it appeals a U.S. District Court ruling that Utah's constitutional prohibition against such marriages are unconstitutional. The court said the stay would be in place until the 10th Circuit Court of Appeals in Denver makes a decision on Utah’s appeal. The first briefs will be filed by the state on January 27th, a response from attorneys for the three gay couples who challenged the law is due by February 18th, and any subsequent reply from the state must be filed by February 25th. The state's fight is still projected to cost at least $2 million. The appeal was filed with Justice Sonia Sotomayor, who referred it to the full court. Justice Sotomayor has designated oversight over the 10th Circuit.

According to the Supreme Court's SCOTUS blog, the order appeared to have the support of the full Court, since there were no noted dissents. The ruling can be interpreted as an indication that the Court wants to have further exploration in lower courts of the basic constitutional question of state power to limit marriage to a man and a woman. Had it refused the state’s request for delay, that would have left at least the impression that the Court was comfortable allowing same-sex marriages to go forward in the thirty-three states where they are still not permitted by state law. But they caution that the order cannot be interpreted as a dependable indication of how the Court will rule on the issue when it finally decides to do so directly.

-- Read the one-page decision HERE.

In response, Trestin Meacham, an ordinary LDS member who previously ran for the Utah state legislature as a Constitution Party candidate, chose to end his 15-day fast. Meacham pledged to fast, consuming only water and vitamins, until Utah stopped performing same-sex marriages; since the Supreme Court ruling prohibits further same-sex marriages, his fast accomplished its advertise purpose. On his Twitter site, Meacham proclaimed initial victory, but said it's only a first step and still wants Utah to exercise nullification. Meacham also added that while he is opposed to same-sex marriage in principle, the reason for the fast was the unconstitutional nature of the ruling. He also said that another purpose of the fast was to "expose the hatred of the supposedly tolerant homosexual movement", which was expressed in spades. The Daily Mail reports that Meacham will give up football next time.

Unfortunately, the Supreme Court stay leaves same-sex marriages already performed in limbo. For example, can newly-minted gay couples file state taxes jointly, or must they continue to file individually? In response to this dilemma, Utah Attorney General Sean Reyes said "We don’t know the answer yet as to marriages already performed. Utah’s Office of the Attorney General is carefully evaluating the legal status of the marriages that were performed since the District Court’s decision and will not rush to a decision that impacts Utah citizens so profoundly. There is not clear legal precedent for this particular situation." Since California experienced the same problem during their Proposition 8 debate, Reyes should probably examine how they handled it as additional guidance.

Nevertheless, Utah Governor Gary Herbert was pleased with the Supreme Court decision, saying "Clearly, the stay should have been granted with the original District Court decision in order to have avoided the uncertainty created by this unprecedented change. As I have said all along, all Utahns deserve to have this issue resolved through a fair and complete judicial process. I firmly believe this is a state-rights issue, and I will work to defend the position of the people of Utah and our State Constitution".

The Salt Lake Tribune documented reaction from the ACLU and an assortment of gay rights lobbies. Of greatest interest is the reaction of the three same-sex couples who started this legal conundrum. Their attorney, James E. Magleby, merely stated "Every day that goes by, same-sex couples and their children are being harmed by not being able to marry and be treated equally". Yada, yada, yada. Just 24 hours earlier, the Tribune published an editorial basically advising the state to let it go, marginalizing the freely-expressed will of 66 percent of Utah voters in 2003 by suggesting that Amendment Three would not pass today. The Tribune also noted that the LDS Church has gone from actively participating in the marriage wars to simply explaining its own beliefs and practices, and on that basis, the Tribune proclaims that "the tide has turned".

Interesting that the Tribune doesn't propose a new election to see if voters really have changed their minds. But that's how progressives operate -- they like democracy when the vote goes their way, but prefer oligarchy when the vote doesn't go their way.

Positive response came from Gayle Ruzicka, president of the conservative Utah Eagle Forum, who also called for the estimated 900 homosexual marriages that were performed in the state before the stay to be summarily invalidated. The National Organization for Marriage was also pleased, characterizing Judge Shelby's original decision as "lawless", and adding that the Supreme Court's decision will allow the state to appeal in an orderly fashion. The LDS Church has not issued a new statement on this development; their previous statement on December 20th remains operative.

LDS Member Trestin Meacham Emulates Mahatma Gandhi, Launches Fast To Stop Gay Marriage In Utah

Update January 6th: After the U.S. Supreme Court issued a stay of Judge Shelby's order to allow same-sex marriages, Trestin Meacham ended his fast after 15 days. On his Twitter site, he proclaimed initial victory, but said it's only a first step and still wants Utah to exercise nullification. Meacham also added that while he is opposed to same-sex marriage in principle, the reason for the fast was the unconstitutional nature of the ruling. He also said that another purpose of the fast was to "expose the hatred of the supposedly tolerant homosexual movement".

A devout member of the Church of Jesus Christ of Latter-day Saints has torn a page out of Mahatma Gandhi's book in an effort to stop the onset of same-sex marriage in Utah. Trestin Meacham, identified as a devout LDS member, has launched a fast which he says will remain in effect until all Utah counties stop issuing marriage licenses to same-sex couples. KTVX Channel 4 was the first Utah media outlet with the story, but now the New York Daily News has picked it up and adds to it. The Daily Mail has given this story an international push.

But his personal blog and his Twitter site offer even more information. Meacham begun his fast on December 21st, 2013, and as of January 2nd, 2014, has lost 25 pounds. He only consumes water and an occasional vitamin. Meacham told KTVX he's fasting to convince Utah to exercise the option of nullification. According to his interpretation of states’ rights, Utah can nullify the recent federal court ruling by simply choosing not to follow it, and he cites the example of a number of states which are seeking to nullify Obamacare to support his case. Meacham says that if Utah simply nullifies Judge Shelby's decision, the state won't have to spend money challenging it; KSL Channel 5 estimates the price tag for challenging could be at least $2 million. Regarding the Supremacy Clause, Meacham acknowledges that while it gives power to the Federal Government to act within the confines of the Constitution, when they act outside of the limits placed by the Constitution, the states have the power to nullify. Read his full blog post entitled "Utah Must Nullify" for the full explanation. Meacham also recommends a tutorial about state nullification posted on LibertyClassroom.

But attorney Greg Skordas, who ran unsuccessfully for Salt Lake County District Attorney in 2010, doesn't agree with Meacham's definition of nullification. Skordas said nullification doesn't work with Utah’s case; when the federal government grants someone a constitutional right, states must recognize it. He added that when individual personal liberties are at stake, the state can't infringe on that, even if it's the will of the people. Of course, Skordas is assuming that marriage is a civil right, even though we ban siblings and polygamists from contracting marriages.

Already one hatemonger has published a post disagreeing with Meacham. But like most progressives, The Blerg can't resist the personal insult, referring to Meacham as having "cold, freakishly empty eyes". Why progressives insist on indulging in childish name-calling is beyond me; they will not persuade normal, stable human beings of their point of view. Progressives are nothing more than a cancer growing on the body politic of America, but unfortunately many conservatives fail to distinguish between responsible classical liberals like Jim Matheson whose patriotism to this country and love of the Lord are beyond question, vs. progressive extremists who are agents of Satan upon planet Earth.

To counter the progressive smears, Meacham wrote "This has nothing to do with hatred of a group of people. I have friends and relatives who practice a homosexual lifestyle and I treat them with the same respect and kindness that I would anyone. This is about religious freedom, and an out of control federal government."

RightWingWatch publishes more background on Trestin Meacham. They say he is a libertarian-leaning Navy veteran who ran for the Utah State Senate in 2012 as a Conservative Party candidate. The Cultural Hall Podcast has a 15-minute audio interview with him posted HERE.

As for the continuing court fight, on Tuesday December 31st, lawyers for the state of Utah filed an emergency application for a stay to U.S. Supreme Court Justice Sonia Sotomayor, saying same-sex marriages being performed in Utah are an affront to the will of the state and its residents. Sotomayor is the justice who oversees the 10th Circuit. It's unknown how soon she will make a decision or whether she'll decide to refer the matter to the full court. However, we need to remember that Sotomayor joined the 5-4 majority in striking down part of the Defense of Marriage Act and ruling against the proponents of California's Proposition 8 in 2012, so I would be surprised if she grants the stay.

Former Utah State Rep. Carl Wimmer Changes From A Mormon To An Evangelical Christian

This has become a newsworthy week. Now we have a story about a former Utah State Representative who has left the LDS Church to become an Evangelical Christian -- and apparently departed on good terms.

Former Republican Representative Carl Wimmer, who once represented Herriman in the Utah State House, left the LDS Church early in 2013 and aspires to become an Evangelical Christian minister. His wife and three children followed him out of the LDS Church; the Wimmers also are rearing two severely handicapped foster kids. Wimmer says his transformation out of Mormonism began around five years ago, but he didn't pull the trigger until this year. Wimmer says he still loves Mormons and the LDS Church, but he believes God has led him to this new path. Wimmer is about a year away from graduating from an online program offered by Liberty University, and will end up with a double major in criminal justice and Biblical studies. When he qualifies for retirement from law enforcement, he intends to enter the full-time ministry as an Evangelical Christian. Wimmer currently works as a resource police officer at Gunnison High School. On An American Dream Revealed, Sherry Wimmer provided some more insight into their change of faith:

I mentioned that the media has been inquiring about his status. Salt Lake Tribune writer, Paul Rolly, finally reached Carl and asked about his religious beliefs of all things. Specifically, “Have you left the LDS Church?”

The answer is yes. Yes, we have left the Church of Jesus Christ of Latter-day Saints, also known as Mormonism. We did so this year, but looking back, the process that got us here has been ongoing for many years. It wasn’t that we were lazy in our religion or faith, nor was it because we were offended or desired to be sinful. The reasons are much deeper and varied but won’t be shared at this time. Rest assured we have felt God’s guiding hands through the entire process.

Most of our family and some of our friends already knew about our transition, but many close and very dear friends did not know. We were not trying to keep it a secret; rather we were waiting for the right opportunity to tell others.

Some of you will be shocked, possibly hurt that we have made such a decision. Those of you who are active and faithful members in the church will sincerely question why, but you may hesitate to ask in fear of learning our response. A few will choose to believe we have been misled by Satan. The day I told my family about our decision, my brother posted a picture on Facebook of the “Kool-aid” man in jest. There’s no doubt that we will be watched closely by many and even judged by some. But there will also be those who are going through a personal crisis of faith who will reach out to us for help.

Wimmer represented Herriman in the Utah State House until 2012, when he launched a campaign for the Utah Fourth Congressional District House seat. He ran against Stephen Sandstrom and Mia Love, both LDS members, for the Republican nomination, but captivated by the novelty of Love's candidacy, Republicans chose Love by a healthy margin. Democratic incumbent Jim Matheson barely beat her in the general election. After the election, Wimmer and his family moved to Sanpete County. Wimmer had a reputation as the most conservative member of the Utah State House, frequently earning near-perfect grades from various lobbies. You can also visit his Twitter page.

It is unusual for someone to leave the LDS Church and become an Evangelical Christian. Most departees either join a more liberal denomination or become atheists. It is clear that Carl Wimmer has no axe to grind against the LDS Church, and who can say that the Lord doesn't have a specific reason for leading the Wimmer family in a different spiritual direction. If he becomes an Evangelical minister, he can use his position to dispel lingering anti-Mormon prejudice within the Evangelical community and convince them that we Mormons are indeed Christians. And if he really wants to be bold, he could become one of the few non-Mormon pastors to use the Book of Mormon in addition to the Bible in his services. There are people who are not yet strong enough for the meat of the Gospel we offer; Wimmer can offer them the milk of the Gospel. Not everyone is ready to trade in coffee in exchange for Christ; they want to have both.

Reaction: The Salt Lake Tribune is absolutely overrun by trolls who don't like Wimmer regardless of what he does. But there was one pertinent comment of interest:

Drew Reese • 5 hours ago:
I met Carl last year [2012] when I was producing a major Christian worship concert in Draper, that was being threatened of eviction from the Draper City venue the day prior to the event, Carl was there not only to fight the city alongside my team, but he was there all day and night volunteering with the load in of all the equipment, and provided security backstage for Michael W. Smith during the worship event. I gained so much respect for this man. He is a man of God, and I stand behind him all the way!

The bible is full of examples of former lives completely being transformed by Jesus; Matthew the Tax Collector and Saul who became Paul come to mind. When a person is saved, and transformed by the Power of Christ, and called into ministry, Our past has no consequence! When you are Saved, literally you become made new!

I am so excited to see what comes next in Carl's call to ministry! YOU GO MY BROTHER!
- Pastor Drew [Warrior Worship Ministries]

LDS Branch President Efrey Antonio Guzman Arrested And Charged With Sexual Assault And Burglary In Midvale, Utah; Ultimately Found Not Guilty

A member of the Church of Jesus Christ of Latter-day Saints has been released from his calling as branch president and faces the prospect of additional Church discipline in the future after being arrested and charged with a number of serious offenses. Efrey Antonio Guzman, who was the president of the Spanish-speaking Union Park Ninth Branch in Midvale, Utah, was released from his calling after being arrested and charged with one count each of aggravated sexual assault, aggravated burglary, sexual abuse of a child, and forcible sexual abuse. This post is compiled and summarized from stories in the Salt Lake Tribune, KTVX Channel 4, KSL Channel 5, and KSTU Channel 13.

Update May 23rd, 2014: A jury found Guzman not guilty on all counts in this case. The jury, which had been deliberating for just over three hours, ruled that Guzman was not guilty of four felony counts with which he was charged: aggravated sexual assault and aggravated burglary, both first-degree felonies, and sex abuse of a child and forcible sexual abuse, second-degree felonies. The title of this post has been modified to reflect the verdict.

Update February 4th, 2013: After nearly three hours of witness testimony, a 3rd District Court judge ordered Guzman to stand trial; he will be arraigned on February 22nd. However, defense attorney Bel-Ami de Montreux pointed to numerous inconsistencies in the family’s testimony as proof of its unreliability.

On August 2nd, Guzman's 13-year-old victim noticed Guzman circling the street near her home at 4500 South and 345 East. She ran inside to tell her mother that Guzman was outside, after which the mother locked herself in a bedroom and called for help. Guzman, who was allegedly a family friend, knocked on the door asking to see the girl. The mother refused to let him in and told him to leave. Guzman pushed his way into the house and attacked her, ripping her shirt and grabbing her exposed breast. When the mother called out for help, her son came into the room. As the son was trying to pull Guzman off his mother, Guzman attacked the son, grabbed his penis from his boxer shorts and bit his penis, causing severe damage that required surgery.

This is not the first time the family's had an encounter with Guzman. On May 8th, Guzman visited the house; when the girl answered the door, Guzman suddenly grabbed her, hugged her tightly, started kissing her on the mouth and grabbed her buttocks. The girl’s 20-year-old brother walked into the room, and Guzman left. The incident was not reported to police, which is a bit strange since Guzman was not the family's spiritual leader (they are members of a another ward headed by Bishop Kent Kuhn).

In response, LDS Church spokesman Scott Trotter wrote, "The church has zero tolerance for abuse of any kind. Mr. Guzman has been released from his church duties effective immediately and faces further church discipline following the legal process." This is consistent with the way the Church has handled other similar cases; release them immediately from any sensitive callings, but delay action on membership until guilt is established in a court of law. This policy effectively balances safety with the judicial presumption of innocence.

Because of Guzman's Hispanic-sounding name, some commenters wondered about his residency status. Guzman's booking record shows he's a U.S. citizen who was born in Colombia. Although he has no prior criminal record, he's being held on $300,000 bail; his first court appearance is scheduled for Friday August 10th.