As the state of Utah prepares to defend its beleaguered same-sex marriage ban, the recent appointment of its new lead outside attorney has shed some revealing light on its real motivations for the fight.

Gene Schaerr left his position at a Washington, D.C., law firm to take up the appointment, and his resignation letter provides a telling explanation for the decision.“I have accepted the position so that I can fulfill what I have come to see as a religious and family duty: defending the constitutionality of traditional marriage in the state where my church is headquartered and where my family resides,” Schaerr wrote.Schaerr, a Mormon, assured his former coworkers that “all things work together for good” and wished “blessings” upon the firm.His resignation came one day after being named a special assistant attorney general by Attorney General Sean Reyes. With Schaerr’s help, Reyes will defend the state’s 2004 ban on same-sex marriage in court after a federal judge struck it down.In his decision, U.S. District Judge Robert J. Shelby said the ban violates the Constitution by denying same-sex couples equal protection under the law. “The state’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason,” he wrote.Shelby’s ruling didn’t resolve the matter, however; Utah immediately contested the decision, and the U.S. Supreme Court has issued a stay pending the state’s appeal. The marriages performed prior to the stay have not been recognized by the state.Utah Gov. Gary Herbert has derided Shelby as an “activist federal judge” bent on defying the will of the people. The latter assertion—that the ban should stand because it’s the result of a public referendum—has been favored by Herbert and his administration as a secular justification for a legal battle that brings them into conflict with the U.S. Department of Justice.But Schaerr doesn’t bother with that argument in his letter. The reasons he gives for accepting his appointment are blatantly sectarian. That raises concerns about his new role with a government office—and about that government’s real motivation for fighting marriage equality.Schaerr’s statement is especially interesting because opponents of marriage equality often insist that their views have nothing to do with religion. Yet when they are asked to articulate a secular reason against same-sex marriage, they struggle to come up with one that makes even a lick of sense.

Reyes, of course, disputes all of this, telling reporters that Schaerr’s appointment had nothing to do with religion.

“Mr. Schaerr was hired because he was the most qualified applicant and gives us the best chance to win,” Reyes said. “Any intimation that he was hired for reasons other than his qualifications, his understanding of the Constitution and his mastery of the legal issues in this case are offensive and detract from the civility this case merits.”Utah’s fight to deny a minority group its rights hardly seems civil, but it’s particularly laughable that Reyes expects observers to believe religion plays no role. It’s obvious that for Schaerr at least, conservative religious beliefs influence his position.As Shelby wrote in his ruling, there’s no rational reason to prohibit marriage equality. Only dogma could possibly justify the state’s decision to defend their marriage ban.But there’s growing evidence that the people of Utah have begun to diverge from the position Schaerr articulates. Traditionally a conservative bastion, Utah voters overwhelmingly supported a ban on same-sex marriage. But a new Salt Lake Tribune poll reveals that opposition to marriage equality has eroded.Voters are now evenly split on the subject, with 48 percent supporting equality and 48 percent against it. Herbert’s administration can’t really claim it’s protecting the will of the people. Schaerr’s resignation letter, while certainly dogmatic, is probably a better gauge of the state’s real position on the issue.Will Utah’s ban stand? Events are unfolding rapidly. The U.S. Department of Justice has stated that it will recognize the marriages performed before the Supreme Court’s stay, and with Virginia’s Attorney General Mark Herring announcing that the state will no longer defend its own ban, the scales seem tipped in favor of equality nation-wide.Schaerr may view the court battle against marriage equality as a type of religious crusade, but it’s clear he’s on the wrong side of history.