LEARNED SOCIETIES AND PROFESSIONAL ORGANIZATIONS
*Professional and Learned Societies:
International Society of Family Law, President, 2000-2002, Secretary-General, 1994-2000; Immediate Past President, 2002-2005; Executive Council, 1991-1994, 2005-present.
International Academy for the Study of the Jurisprudence of the Family, Founding President (2010-2014), Board of Directors (2014-present)
Center for Constitutional Jurisprudence of The Claremont Institute, Academic Advisory Board (September 2014—present)
World Congress of Families, , Board of Advisors, 2015-present
Utah Family Impact Seminars, Member (2010–present)
The American Law Institute, 1988-present.
The Howard Center for Family, Religion & Society, Board of Advisors (1999-present).
Americans United for Life Legal Defense and Education Fund, Board of Advisors, 1996-present; Board of Directors, 1982-89, 91-95.
Council on Family Law, Institute for American Values, 2003-2008.
Board of Advisors, Protection of Conscience Project, hhtp://www.consciencelaws.org/, 2012-present
Board of Directors of University Faculty for Life, 2009-2015.
Reaffirming Marriage Initiative, Core Consultation Group, Member, 2000-2002.
National Lawyers Association, Board of Counselors, 1995-2002.
Center for Law and Democracy, Distinguished Scholar, 1990-94.
*Bar Membership:
Utah State Bar (1981-present).
Arizona State Bar (1976-1985, ceased after moving to Utah).
District of Columbia Bar (1975-1982, ceased after moving to Utah).
Admitted to practice in U.S. Supreme Court, U.S. Court of Appeals for Ninth Circuit, and some U.S. District Courts.
PROFESSIONAL AND SCHOLARLY SERVICE
Discussed Whole Woman’s Health v. Hellerstedt, 579 U.S. ___, 136 S.Ct. 2292 (June 27, 2016) in the 2016 Supreme Court Review at BYU Law School on September 16, 2016.
Hosted and co-convened (with Professor Richard Myers of Ave Maria Law School) a multidisciplinary “Symposium on Assisted Suicide: Impacts Upon Families and Society” at J. Reuben Clark Law School on October 14, 2016 with nine presenters from the United States, Canada, and Australia; presented a paper entitled A Death in the Family: How Assisted Suicide Harms Families and Society in the Symposium.
Participated in the John Jay [Advisory] Council meeting of the Claremont Institute Center for Constitutional Jurisprudence on August 13, 2016, in Newport Beach, California.
Served as a judge in two sessions of the ABA Negotiations competition held at J. Reuben Clark Law School on Friday, 13 November 2015.
Provided guest lecture about Same-Sex Marriage and Developments in Family Law to a class at George Wythe University in Salt Lake City.
Member, Program Committee to plan the May 2016 North America Regional Conference of the International Society of Family law to meet in the Tetons.
Interviewed about the Supreme Court ruling in Obergefell v. Hodges mandating that all states legalize same-sex marriage by many newspaper journalists and on several television and radio programs (including PBS, Fox News, Daily Universe, KBYU, Utah Public Radio, etc.). For example, Jim Phillips and I were interviewed on BYU Radio’s “Top of Mind” http://www.byuradio.org/episode/4bfa9048-1fd7-4d69-86bc-6577bc189032/top-of-mind-with-julie-rose-gay-marriage-women-s-sports-talented-kids-3d-prosthetic-hands?playhead=64&autoplay=true.
I participated in a discussion of divorce and divorce reform on the nationally syndicated television show, “Divorce: The Talk Show,” with James Brown on 6 May 2015.
I accepted an invitation from James Brown to be an ongoing consultant for his nationally syndicated television show, “Divorce: The Talk Show,” on 7 May 2015.
My “Op-ed” article entitled “Holland is a courageous example for UVU students” was published in the Salt Lake Tribune on May 8, 2015, at http://www.sltrib.com/opinion/2484246-155/op-ed-holland-is-a-courageous-example (seen 150518).
I participated in the official public media “launch” on May 12, 2015, announcing that the World Congress of Families IX will convene in Salt Lake City on October 27-30, 2015. For a published report about that launch event, with a photo, see Nicholeen Peck, World Congress of Families to Hold Event in Utah, Meridian Magazine, 21 May 2015, available at http://ldsmag.com/world-congress-of-families-to-hold-event-in-utah/.
I participated in the annual meeting of the Board of Directors of the University Faculty for Life at St.Thomas University Law School in Minneapolis, Minnesota on May 29, 2015.
I spoke to the J. Reuben Clark Law Society members in Minneapolis, Minnesota on May 29, 2015 delivering a short presentation about “National and International Trends re: Same-Sex Marriage and the Disintegration of the Family.”
Interviewed for and quoted in Alex Wilts, Apple’s Time Cook: Texas considering law to punish clerks who issue marriage licenses to gay couples, Austin American-Statesman, 15 April 2015, available at http://www.politifact.com/texas/statements/2015/apr/15/tim-cook/apples-tim-cook-texas-considering-law-punish-clerk/ (seen 150415). I also was interviewed about the brief I filed in the SCOTUS in the Obergefell case on April 17, 2015, by Mary Reichard of “The World & Everything In It” (for radio, online and magazine format distribution), and on April 20, 2015 by Amanda Dickson and Brian Martin on KSL Radio, and later that day by Rod Arquette for the KNRS Radio Rod Arquette show, as well as by Marsha Coyle from the National Law Journal. I was interviewed and quoted by Mark A. Kellner in Internal cases may play role in U.S. gay nuptial decision, Deseret News, April 27, 2015, at A1, at deseret_news_metro_20150427_A01_A07 (1). On April 29, 2015, I participated in a discussion on NPR “On Point” by Tom Ashbrook about the pending Obergefell same-sex marriage case.
I attended the annual meeting of the International Society of Family Law Executive Council at l’Ecole Sainte-Barbe in Paris, France, on April 25, 2015, where I received a “Distinguished Service Award” plaque from the ISFL.
Hosted Maggie Gallagher for a day and moderated a Federalist Society debate between her and Professor Fred Gedicks regarding the Obergefell same-sex marriage decision on Thursday, September 25, 2015. Published short commentary article entitled “Abortion and Maternal Health: The Great Falsehood” on the University Faculty for Life Weblog & News, at http://www.uffl.org/blog/ (seen 150303) in March 3, 2015.
Published short commentary article “Wait and Think About It” on the University Faculty for Life Weblog & News at http://www.uffl.org/blog/2015/02/11/wait-and-think-about-it/ (11 February 2015).
Hosted an online webcam Board meeting of the Board of Directors of the International Academy for the Study of the Jurisprudence of the Family, using the BYU webcam (Vidyo) program, on Friday, 31 October 2014. Eight legal scholars on three continents participated.
Presented powerpoint presentation via Skype to members of the Cleveland, Ohio J. Reuben Clark Law Society and other LDS attorneys about “The Illusory Trend Toward Same-Sex Marriage: The Future of the Family,” Friday, 31 October 2014.
Wrote commentary articles (about 1,000 words each) about legal and current issues that were published weekly (most weeks) in CNSNews.com, (2015-present).
*Service to Bench and Bar:
Utah Supreme Court Advisory Committee on Juvenile Court Rules of Procedure, 1987-1989.
Judge pro-tem, Eighth Circuit Court (small claims), January 1985-88.
Judicial Council Task Force on Child Support Guidelines, 1987-88.
Post-Law School Education Committee, Utah State Bar, 1986-87.
Judicial Nominating Commission (U.S. District Court), Summer, 1984.
*Other Pro Bono Legal Service:
Consulted with the Solicitor General of the State of Indiana regarding defense of the marital parent presumption against challenges from same-sex partners (July 2015).
The “Amicus Brief for 54 International and Comparative Law Experts from 27 Countries and the Marriage and Family Law Research Project” that Elizabeth Clark (mostly) and I, Cole Durham, Robert Smith, Donlu Thayer drafted and signed was discussed favorably (one of “[t]wo impressive friend-of-the-court briefs”) in Adam Liptak, Supreme Court Asked to Look Abroad for Guidance on Same-Sex Marriage, N.Y. Times, 6 April 2015, available at http://www.nytimes.com/2015/04/07/us/supreme-court-asked-to-look-abroad-for-guidance-on-same-sex-marriage.html?ref=topics&_r=0 (seen 150406). (The other brief cited was by Harold H. Koh, former dean of Yale Law School.)
Helped (Elizabeth A. Clark) draft and was Counsel of Record on Amicus Brief for 54 International and Comparative Law Experts from 27 Countries and the Marriage and Family Law Research Project filed in SCOTUS in Obergefell v. Hodges.
Represented pro bono a couple in obtaining an order of adult guardianship in February 2015 for a disabled non-relative child they have been raising for many years who turned 18.
Drafted and filed an Amicus Curiae Brief of Twenty-One Utah Counties in support of the Petition for Certiorari filed by the State of Utah in Herbert v. Kitchen, the same-sex marriage case.
Attended the annual meeting of the American Law Institute in Washington, D.C. on May 20-21, 2013, and, as a member of the “class of 1988” I was one of about forty members honored at a special Twenty-Five-Year-Members luncheon.
Interviewed and participated in a 30-minute discussion on the BBC (London) Radio program “World Have Your Say” about abortion in cases of rape on August 20, 2012.
Principal author and Counsel of Record for an amicus brief filed in the Ninth Circuit in Perry v. Schwarzenegger on behalf of several African-American organizations; the brief focused on refuting the “Loving analogy” for mandating the legalization of same-sex marriage.
Pro bono counsel in 2010 for a de facto family of refugees from Hurricane Katrina (London) in proceedings that culminated in a Utah Third District Court order in 2010 for male parent’s adoption of one of the two teenage children, and establishing his paternity of the other child. (I met the family through the Tuesday Night Bar at J. Reuben Clark Law School.)
Organized and participated in giving pro bono legal advice in the Tuesday Night Bar at J. Reuben Clark Law School from December 2009-present.
Organized and convened a four-hour Continuing Legal Education program (including two hours of ethics, one of which was Ethics/Civility, and two hours of substantive presentations) on “Counseling and Ethics in Utah Divorce Practice” held here at the J. Reuben Clark Law School on Friday, November 20, 2009.
Lead drafter (wrote most) of Pro Bono Amicus Curiae Brief of Professors of Law opposing the Petitions to invalidate California Proposition 8, filed in the California Supreme Court on January 15, 2009.
Pro bono representation of various individuals in various family law and civil cases (I take 2 or 3 cases annually, and offer short consultations with many others).
Amicus Curiae Briefs:
Author of amicus curiae brief in Rhode Island Supreme Court in Chambers v. Ormiston (2007) (successfully urging court to reject jurisdiction in same-sex marriage divorce case)
Author of amicus curiae brief in U.S. Eighth Circuit Court of Appeals in Citizens for Equal Protection, Inc. v. Bruning (2005) (successfully urging court to reverse district court order holding Nebraska State Marriage Amendment unconstitutional).
Drafted Brief of Amici Curiae States of Nebraska, Alabama, California, Colorado, Georgia, Idaho, Michigan, Mississippi, Missouri, South Carolina and South Dakota in Support of Defendant-Appellant in Baehr v. Mike, No. 20371, in the Supreme Court of the State of Hawai'i in 1997 (comity arguments against legalizing same-sex marriage).
Pro bono publico briefs filed with the U.S. Supreme Court:
Co-author of a brief filed in the U.S. Supreme Court in Lawrence v. Texas, for amicus curiae Marriage Law Center, February 14, 2002.
For amicus State of Utah in Planned Parenthood v. Casey (defending spousal notification, medical emergency exception, etc.); in March, 1992;
For amici Save Our Youth et al in Ohio v. Akron Center for Reproductive Health (defending parental notification-of-abortion law) in August, 1989;
For amici 127 Members of the Missouri General Assembly in Webster v. Reproductive Health Services (defending state law restricting use of public resources for abortion) in February, 1989;
For amici Arizona and nine other states in Wilkinson v. Jones, No. 86-1125 (supporting jurisdictional statement of Utah appealing cable television indecency ruling) in February, 1987;
For amici United Families Foundation et al in Hartigan v. Zbaraz; No. 85-673 (defending parental consultation abortion regulation) in December, 1986;
For amici United Families Foundation et al. in City of Akron v. Akron Center for Reproductive Health, Inc., (defending various abortion regulations) in July, 1982;
For amicus curiae State of Utah in Williams v. Zbaraz (defending restrictions on public funding of abortion) in January, 1980.
For amicus curiae Utah Association of Women et al in H.L. v. Matheson (defending requirement of parental notification) in May, 1980.
Pro bono publico representation of numerous private individuals in local adoption, divorce, custody, civil rights and civil litigation proceedings; 1981-present.
*Other Public Service:
Delivered presentation on January 27, 2015 about Marriage Law and Recent Developments to LDS Church Education System curriculum writers at the Church Office Building in Salt Lake City.
Helped plan the “Family Impact Seminar” for legislators and other interested persons addressing issues of domestic violence and mental health of children, hosted by Utah State University at the Utah State Capitol Building on Tuesday, March 5, 2013.
Testified before a committee of the Utah House of Representatives on January 31, 2012, in support of HR Bill No. 290 concerning pre-filing divorce education.
Submitted Invited Oral Testimony and Written Statement on Are Federal and State Marriage Protection Laws Vulnerable to Judicial Activism before the U.S. Sentate Judiciary Committee, Subcommittee on the Constitution, Civil Rights,@ in Washington, D.C., April 13, 2005, published in *___.
Testimony of Lynn D. Wardle, The Need for Congress to Protect Rights of Conscience of Health Care Participants, Hearing on Protecting the Rights of Conscience of Health Care Providers and a Parent=s Right to Know, U.S. House of Representatives, Committee on Energy and Commerce, July 11, 2002, Serial No. 107-126 (GPO 2002).
Testimony before the Judiciary Committee of the Vermont House of Representatives of Vermont on H. 261, March 20, 2001 re: nonrecognition of same-sex marriage law (via telephone).
Testimony before the House Committee on House Administration, U.S. House of Representatives, on S. 27 (McCain-Feingold Campaign Finance Reform), March 17, 2001, Phoenix, Arizona (field hearing).
Testimony before U. S. Senate Judiciary Committee, Subcommittee on Administrative Oversigh & the Courts, Cameras in the Courtroom, on S. 721, ASunshine in the Courts@ Act, Sept. 6, 2000, in Washington, D. C.
Testimony About Adoptions by Nonmarital Cohabitants (H.B. 103) Before the Judiciary Committee of the Utah House of Representatives, February 24, 2000.
Testimony About Adoptions by Nonmarital Cohabitants (S.B. 63) Before the Judiciary Committee of the Utah Senate, February 16, 2000.
Testimony About Recognition of Same-sex Marriage (S.B. 45) Before the State and Veterans Affairs Committee of the Colorado Senate, February 9, 2000.
Testimony About Same-Sex Marriage and Domestic Partnership (Responding to Baker v. State) Before the Judiciary Committee, Vermont House of Representatives, Montpelier, Vermont, January 20, 2000.
Testimony and Statement to the Utah Board of Child and Family Services re: Proposed Revision in Child Placement Standards (adoptions by gays), Salt Lake City, UT, January 22, 1999.
Testimony and Statement to the Judiciary Committee of the Colorado House of Representatives in Support of S.B. 99-159, Denver, Colorado, February 8, 1999.
Testimony and Statement to the Judiciary Committee of the Colorado Senate in Support of S.B. 99-159 Denver, Colorado, March 9, 1999.
Oral testimony and written Statement presented to Judiciary Committee, Hawaii House of Representatives, Honolulu, Hawaii, Jan. 21, 1997, regarding H.B. 117 (bill to overturn Baehr v. Lewin ruling that Hawaii Constitution equal protection provisions facially violated by denial of same-sex marriage).
Oral testimony and Written Statements presented to Law & Justice Committees of Washington House of Representatives and Washington Senate, Olympia, Washington, Feb. 4, 1997, regarding H.B. 1130 & S.B. 5398 (to prohibit recognition of same-sex marriages).
Oral testimony (written statement provided a year ago) presented to the Judiciary Committee, California State Senate, regarding S.B. 911 (to prohibit recognition of same-sex marriages).
Written statements to state legislative Judiciary Committees in Nebraska and Ohio regarding same-sex marriage (February-March 1997).
Oral testimony and written statement before the Judiciary Committee of the U.S. Senate, July 10, 1996, concerning S. 1740 (the Defense of Marriage Act) , published in *___.
Oral testimony and written statement before the Subcommittee on the Constitution of the Judiciary Committee of the U.S. House of Representatives, May 15, 1996, concerning H.R. 3396 the Defense of Marriage Act), , published in *___.
Consultant, Hawaii Attorney General=s Office re: Baehr v. Miike (same-sex marriage lawsuit).
Consultant, Governor of Utah, (and legal defense team) re: defense of Utah's abortion law, 1992-93.
Consultant, Utah Attorney General re: first amendment and abortion issues, 1983-1988.
Testimony before U.S. Senate Judiciary Committee, Subcommittee on the Constitution re: impact of proposed E.R.A. on family law. June, 1984.
Testimony before U.S. Senate Judiciary Committee, Subcommittee on the Constitution re: proposed amendments to the Constitution. February, 1983, and November, 1981.
Testimony before Utah Senate & House Committees re: wrongful life, informed consent, abortion. January, 1984, February, 1983, and February, 1980.
Testimony before Idaho Senate Committee on Health, Education and Welfare re: parental and informed consent to abortion. March, 1982.
Testimony before Arizona Senate & House of Representatives Health Committees re: abortion matters. 1977.
Presentations to Scholarly, Law School, & Professional Groups
Presented a review of Whole Woman’s Health v. Hellerstedt, 579 U.S. ___), 136 S.Ct. 2292 (June 27, 2016) in the 2016 Supreme Court Review on September 16, 2016.
Presented my paper on “The Family: the Source and Best Protection for Human Rights,”at the Ninth Annual Symposium of the International Academy for the Study of the Jurisprudence of the Family at the Faculty of Law of the Catholic University of San Pablo in Arequipa, Peru on June 14-15, 2016.
Presented my paper entitled “The Self-Evident Truth of the Inalienable Right to Life: the Slavery Analogy and the Path from Political Rhetoric to Legal Reality” at the 26th Annual Conference of University Faculty for Life at Marquette University on June 11, 2016.
Presented my paper entitled “Balancing the Ideal and the Practical in American Family Law – An Examination of Obergefell and Other Recent Developments” at the North America Regional Conference of the International Society of Family Law at Jackson Lake Lodge, May 23-24, 2016.
Attended the Ninth Annual Symposium of the International Academy for the Study of the Jurisprudence of the Family at the Faculty of Law of the Catholic University of San Pablo in Arequipa, Peru where I presented my paper on “The Family: the Source and Best Protection for Human Rights.”
Presented a paper on Friday, 15 April 2016, at an International Society of Family Law Colloquium on Parents and Children: A Comparative and International Perspective, at Notre Dame London Center in London, England, UK.
On Friday, 6 November 2015, I spoke by Webex and phone to counselors and therapists working for LDS Family Services (LDSFS) in their Same-Sex Attraction Conversation Series and answered questions about same-sex marriage in an interview by Douglas LeCheminant of LDSFS.
Presented a paper on “Considering the Interests of Children and Future Generations in Family Law” at an international academic conference at Southwest University of Political Science and Law in Chongqing, China on October 23, 2015.
Convened a Symposium on “The Implications of Obergefell v. Hodges for Families, Faith and the Future” at BYU Law School on October 12, 2015. Twenty-one scholars from the USA, Israel and Spain presented papers, the final submitted versions of which will be published in the BYU Journal of Public Law or in the Ave Maria Law Review (which co-sponsored the Symposium).
Presented a paper on “The Innocent Victims of Obergefell” at the Symposium on the Implications of Obergefell v. Hodges for Families, Faith and the Future” at BYU Law School on October 12, 2015.
Presented a paper on “The Role of Moral and Ethical Values in Education” at the World Congress of Families IX in Salt Lake City on 28 October 2015.
Attended the World Congress of Families-IX in Salt Lake City on 27-29 October 2015, and I took some of my students to SLC to attend the WCF-IX on 27 & 28 October 2015.
On June 9-10, 2015, I participated in the annual symposium of the International Academy for the Study of the Jurisprudence of the Family (IASJF) at Ono Academic College (Faculty of Law) in Israel. While there, (1) I participated in the meeting of the Board of Directors of the IASJF; (2) I presented my paper “Integration and Disintegration in American Family Law: Implications for Children” in the symposium; and (3) I moderated a symposium session.
On June 23-24, 2015, I participated in the Association of American Law Schools Workshop on Shifting Foundations in Family Law, June 23-24, 2015 in Orlando, Florida. (1) I presented my paper on “Images and Illusions of Progressive Change in American Family Law,” and (2) I heard about thirty (30) other scholarly presentations about family law.
On June 25, 2015, I spoke to the J. Reuben Clark Law Society chapter in Orlando, Florida at the law firm of Bogin, Munns & Munns about “National and International Trends re: Same-Sex Marriage.”
Presented my paper entitled “PPACA (Obamacare) and Abortion” at the annual conference of the University Faculty for Life at St.Thomas University Law School in Minneapolis, Minnesota on May 30, 2015.
Hosted Professor Robin Fretwell Wilson from the University of Illinois Law School for two days as she came to speak to the Federalist Society at the law school and to consult with state legislators about proposed legislation to protect individual rights of LGBT persons as well as the conscience rights of all, March 2-3, 2015.
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