U. gun ban shot down
But university vows to continue its court fight
In a 4-to-1 ruling issued Friday, the Utah Supreme Court found that the U.'s policy banning guns violates state law. Specifically, the majority of justices found that a university, although granted some autonomy under the Utah Constitution, cannot create policies that are contrary to state law.
Utah Attorney General Mark Shurtleff joined legislative leaders Friday in lauding the decision. Shurtleff said the case was not about guns but more about control. "Although people think this case has been all about guns, it's really been about the rule of law and who sets the law and who has to obey the law. The message this decision sends today to everyone is that no one is above the law," Shurtleff said.
Meanwhile, the university's president, Michael K. Young, insists the battle will go on in federal court and vowed that the school's no-guns policy will stay in place.
Shurtleff, for his part, said the university will be in violation of state law if it does not comply. He said if officials have a problem with gun laws, they need to take it to the Legislature.
However, leaders at the Legislature have been left with some sore feelings over a legal battle that dates back to 2001. Utah Senate President John Valentine said the ruling Friday "affirms that government by the people, through their elected representatives, is the law of the land. There is really no room for independent islands of authority within state government."
State Senate Majority Leader Peter Knudson added, "On behalf of the Legislature, we welcome dialogue with all universities and colleges in our state. We're open to dialogue with them, but I think with this decision today, there aren't many who will find a soft spot in the Legislature."
The fight has been over who really calls the shots on public campuses. For several years, the University of Utah has had a policy banning firearms on campus, citing the preservation of an academic environment free from intimidation.
In the majority decision, Justice Jill Parrish wrote, "The attorney general maintains that the university has no power or autonomy under the constitution that would permit it to disregard state law. We agree with the attorney general."
The lone dissenter, Chief Justice Christine Durham, withheld judgment on whether the university's gun ban was constitutional or not, but Durham wrote that Utah's constitution gave the U. the right to do what is necessary to provide a safe academic environment for its students.
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