Horton v. Goldminer's Daughter

ZIMMERMAN, Justice

(concurring).

I concur with Justice Stewart that here, as in Berry ex rel. Berry v. Beech Aircraft Corp., 717 P.2d 670 (Utah 1985) (and, I would add, Condemarin v. University Hospital, 775 P.2d 348 (Utah 1989)), the proponents of the legislation under attack have not carried their burden of demonstrating that the justifications advanced for the legislation in question are sufficient to outweigh the resulting infringement upon the rights guaranteed the people under article I, section 11. Therefore, the statute must be held unconstitutional. See Condemarin, 775 P.2d at 366-69 (Zimmerman, J., concurring in part).

DURHAM, J., concurs in the concurring opinion of ZIMMERMAN, J.