Society of Separationists, Inc. v. Whitehead

ZIMMERMAN, Justice:

Defendants Ron Whitehead, Tom Godfrey, Nancy Pace, Alan Hardman, Rose-lyn Kirk, and Don Hale, members of the Salt Lake City Council as of September 1991 (collectively referred to as “City Council” or “Council”), appeal from a district court order denying their motion for summary judgment and granting summary judgment to plaintiffs Richard Andrews, J. Walker, and the Society of Separationists (collectively referred to as “Separationists”). The district court ruled that the City Council had violated the portion of article I, section 4 of the Utah Constitution which provides,…