Rosky to Testify Before House Judiciary Committee

On Wednesday, February 9, Clifford Rosky, Associate Professor of Law at the University of Utah S.J. Quinney College of Law, will testify before the Judiciary Committee of the Utah House of Representatives in opposition to House Bill 182, a bill introduced by Rep. LaVar Christensen (R-Draper).  H.B. 182 provides that any “arrangement, agreement or transaction that is unlawful or violates public policy is void and unenforceable.” Rosky will testify that the bill is designed to allow courts to invalidate private contracts between same-sex partners. In addition, Rosky will note that the bill’s language is broad enough to govern any and all arrangements, agreements, and transactions — an individual’s will, a court’s order, a contract between two companies, or a city’s issuance of a bond. As a result, the bill is likely to have far-reaching, unintended consequences, which will be difficult to predict, prevent, or correct. Finally, Rosky will observe that the bill cannot be applied to any pre-existing contracts, because it would violate the freedom of contract established by the federal Contracts Clause.