Abbott v. Board of Ed. of Nebo School Dist. , 1976 Utah LEXIS 968 ( 1976 )

CROCKETT, Justice

(concurring, but noting exception).

I concur with the main opinion, except as to the comment concerning the Fourteenth Amendment to the Constitution of the United States. I am aware of and not without some appreciation and even admiration for Justice Ellett’s unyielding intransigence in attacking that Amendment, as he has set forth in Dyett v. Turner, footnote 1, main opinion. However, I regard the Fourteenth Amendment as a fact accomplished more than a hundred years ago; and therefore, I think it should be given due deference and respect in all proper applications thereof. As to the issue involved in the instant case, Sec. 7, Article I, of the Constitution of Utah, provides that “No person shall be deprived of life, liberty or property, without due process of law.” This follows the language of Amendment Five of the original first Ten Amendments to United States Constitution.

* (If “intransigence” means moral courage to stand for what one knows to be right, then I accept the title given me in Justice Crockett’s opinion.)