Dallin H. Oaks

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Dallin H. Oaks
Photo of Dallin H. Oaks lecture at Harvard Law School.
Oaks speaking at Harvard Law School in 2010
First Counselor in the First Presidency
January 14, 2018 (2018-01-14) – present
Called by Russell M. Nelson
Predecessor Henry B. Eyring
President of the Quorum of the Twelve Apostles
(with M. Russell Ballard as Acting President)
January 14, 2018 (2018-01-14) – present
Predecessor Russell M. Nelson
LDS Church Apostle
May 3, 1984 (1984-05-03) – present
Called by Spencer W. Kimball
Reason Deaths of LeGrand Richards and Mark E. Petersen[1]
8th President of Brigham Young University
In office
August 1971 – August 1980[2]
Predecessor Ernest L. Wilkinson
Successor Jeffrey R. Holland
Military career
1949-1954
Service/branch United States National Guard
Unit Utah National Guard
Personal details
Born Dallin Harris Oaks
(1932-08-12) August 12, 1932 (age 85)
Provo, Utah, United States
Alma mater Brigham Young University (B.S.)
University of Chicago Law School (J.D.)
Occupation Lawyer, Judge
Spouse(s) June Dixon (1952–1998; deceased)
Kristen Meredith McMain (2000–present)
Children 6
Parents Lloyd E. Oaks
Stella Harris
Awards Canterbury Medal
Signature  
Signature of Dallin H. Oaks

Dallin Harris Oaks (born August 12, 1932) is an American jurist, educator, and religious leader who serves as the First Counselor in the First Presidency of The Church of Jesus Christ of Latter-day Saints (LDS Church). He was called as a member of the church's Quorum of the Twelve Apostles in 1984. Currently, he is the second most senior apostle by years of service[3] and is the President of the Quorum of the Twelve Apostles. M. Russell Ballard serves as acting president due to Oaks serving in the First Presidency.

Oaks was born and raised in Provo, Utah. Following his father's death from tuberculosis when Oaks was seven years old, he and his two younger siblings were raised by his mother and grandparents. After graduating from high school in 1950, Oaks attended Brigham Young University (BYU) and graduated in 1954 with a B.S. in accounting. He then studied at the University of Chicago Law School, where he was editor-in-chief of the University of Chicago Law Review and graduated in 1957 with a J.D. cum laude. Oaks then spent the 1957–58 academic year as a law clerk to Chief Justice Earl Warren of the U.S. Supreme Court. In 1958, he returned to Chicago and spent three years as an associate at the law firm Kirkland & Ellis before returning to the University of Chicago in 1961 as a professor of law. He taught at Chicago until 1971, when he was chosen to succeed Ernest L. Wilkinson as the president of BYU. Oaks was BYU's president from 1971 until 1980, and was then appointed to the Utah Supreme Court. During this time, Oaks was twice considered by the U.S. president for nomination to the U.S. Supreme Court: first in 1975 by Gerald Ford, who ultimately nominated John Paul Stevens, and again in 1981 by Ronald Reagan, who ultimately nominated Sandra Day O'Connor.

Background and education[edit]

Oaks was born in Provo, Utah, to Stella Harris and Lloyd E. Oaks. Through his mother, he is a 2nd great-grand-nephew of one of the three witnesses to the Book of Mormon, Martin Harris.[4] He was given the name Dallin in honor of Utah artist Cyrus Dallin; Oaks's mother was the artist's model for The Pioneer Mother, a public statue in Springville, Utah;[5] she was present for the unveiling of the statue less than three weeks before his birth.[6] His father, who was an ophthalmologist, died of tuberculosis when Dallin was seven years old.[7] Both of his parents were graduates of BYU. After his father died, his mother pursued a graduate degree at Columbia University and later served as head of adult education for the Provo School District. In 1956, she became the first woman to sit on the Provo City Council,[8] and served for two terms.[9] In 1958, she also briefly served as Provo's assistant mayor.[10] For a time shortly after his father's death Oaks resided with his maternal grandparents in Payson, Utah.[11] When he was about 9 or 10 he resumed living with his mother, who had taken a position as a teacher in Vernal, Utah.

Oaks graduated from Brigham Young High School in 1950. While in high school he played football[12] and became a certified radio engineer. He then attended BYU, where he occasionally served as a radio announcer at high school basketball games. It was at one of these basketball games where he met June Dixon, a senior at the high school, whom he would eventually marry. Due to his membership in the Utah National Guard and the threat of being called up to serve in the Korean War, Oaks was unable to serve as a missionary for the LDS Church.[13] In 1952, Oaks married Dixon in the Salt Lake Temple. He graduated from BYU with a degree in accounting in 1954.[14]

Oaks then went on to the University of Chicago Law School, where he served as editor-in-chief of the University of Chicago Law Review.[15][16] Oaks graduated with a Juris Doctor (J.D.) in 1957.

Career[edit]

Oaks clerked for Chief Justice Earl Warren of the United States Supreme Court from 1957 to 1958. After his clerkship, he practiced at the law firm of Kirkland & Ellis in Chicago. Oaks left Kirkland & Ellis to become a professor at the University of Chicago Law School in 1961.[17] During part of his time on the faculty of the Law School, Oaks served as interim dean. He taught primarily in the fields of trust and estate law, as well as gift taxation law. He worked with George Bogert on a new edition of a casebook on trusts. In 1963, Oaks edited a book entitled The Wall Between Church and State covering discussions on views on the relationship of the government and religion in the law and the aptness of that metaphor. He also wrote on issues of evidence exclusion and the 4th amendment.[18]

While on the law school faculty, Oaks also served as an assistant state's attorney for Cook County, Illinois, and was a visiting professor at the University of Michigan's law school.[19]

In 1968, he became a founding member of the editorial board of Dialogue: A Journal of Mormon Thought; he resigned from the journal in early 1970. In 1969, Oaks served as chairman of the University of Chicago disciplinary committee. In conducting hearings against those who had been involved in a sit-in at the administration building, Oaks was physically attacked twice.[20] During the first half of 1970, Oaks took a leave of absence from the University of Chicago while serving as legal counsel to the Bill of Rights Committee of the Illinois Constitutional Convention, which caused him to work closely with the committee chair, Elmer Gertz.[21] From 1970 to 1971, Oaks served as the executive director of the American Bar Foundation.[22] Oaks left the University of Chicago Law School when he was appointed president of BYU in 1971.

Oaks also served five years as chairman of the board of directors of the Public Broadcasting Service[14] (1979–84)[23] and eight years as chairman of the board of directors of the Polynesian Cultural Center.[14]

President of Brigham Young University[edit]

Oaks while president of BYU (1977)

From 1971 to 1980, Oaks served as the 8th president of BYU, the largest religious university in the United States.[14] Oaks oversaw the start of the J. Reuben Clark Law School and the Graduate Business School. Although university enrollment continued to grow and new buildings were added, neither was done at the pace of the previous administration under Ernest L. Wilkinson.

Other major changes under Oaks included implementing a three-semester plan with full fall and winter semesters, and a split spring and summer term. This also shifted the end of the fall term to before Christmas. Oaks also oversaw a large-scale celebration of the BYU centennial.[24]

While at BYU, Oaks led an effort to fight the application of Title IX to non-educational programs at schools that did not accept direct government aid. BYU was one of two initial schools to voice opposition to these policies.[25] This issue ultimately ended in an agreement between the U.S. Department of Education and BYU that allowed BYU to retain requirements that all unmarried students live in gender-specific housing be they on or off campus.[26]

Utah Supreme Court[edit]

Upon leaving BYU, Oaks was appointed as a justice of the Utah Supreme Court. He served in this capacity from 1980 to 1984, when he resigned after being appointed by the LDS Church as a member of the Quorum of the Twelve Apostles.[14] In 1975, Oaks was listed by U.S. attorney general Edward H. Levi among potential Gerald Ford Supreme Court candidates.[27] In 1981, he was closely considered by the Ronald Reagan administration as a Supreme Court nominee.[28][29]

Scholarly research and notable opinions[edit]

As a law professor, Oaks focused his scholarly research on the writ of habeas corpus and the exclusionary rule. In California v. Minjares,[30] Justice William H. Rehnquist, in a dissenting opinion, wrote "[t]he most comprehensive study on the exclusionary rule is probably that done by Dallin Oaks for the American Bar Foundation in 1970.[31] According to this article, it is an open question whether the exclusionary rule deters the police from violating Fourth Amendment protections of individuals.

Oaks also undertook a legal analysis of the Nauvoo City Council's actions against the Nauvoo Expositor. He opined that while the destruction of the Expositor's printing press was legally questionable, under the law of the time the newspaper certainly could have been declared libelous and therefore a public nuisance by the Nauvoo City Council. As a result, Oaks concludes that while under contemporaneous law it would have been legally permissible for city officials to destroy, or "abate", the actual printed newspapers, the destruction of the printing press itself was probably outside of the council's legal authority, and its owners could have sued for damages.[32]

As a Utah Supreme Court Justice from 1980 to 1984, Oaks authored opinions on a variety of topics. In In Re J. P.,[33] a proceeding was instituted on a petition of the Division of Family Services to terminate parental rights of natural mother. Oaks wrote that a parent has a fundamental right protected by the Constitution to sustain his relationship with his child but that a parent can nevertheless be deprived of parental rights upon a showing of unfitness, abandonment, and substantial neglect.

In KUTV, Inc. v. Conder,[34] media representatives sought review by appeal and by a writ of prohibition of an order barring the media from using the words "Sugarhouse rapist" or disseminating any information on past convictions of defendant during the pendency of a criminal trial. Oaks, in the opinion delivered by the court, held that the order barring the media from using the words "Sugarhouse rapist" or disseminating any information on past convictions of defendant during the pendency of the criminal trial was invalid on the ground that it was not accompanied by the procedural formalities required for the issuance of such an order.

In Wells v. Children's Aid Soc. of Utah,[35] an unwed minor father brought action through a guardian ad litem seeking custody of a newborn child that had been released to state adoption agency and subsequently to adoptive parents, after the father had failed to make timely filing of his acknowledgment of paternity as required by statute. Oaks, writing the opinion for the court, held that statute specifying procedure for terminating parental rights of unwed fathers was constitutional under due process clause of United States Constitution.

Among works edited by Oaks is a collection of essays entitled The Wall Between Church and State. Since becoming an apostle, Oaks has consistently spoken in favor of religious freedom and warned that it is under threat.[36] He testified as an official representative of the church in behalf of the Religious Freedom Restoration Act during congressional hearings in 1991,[37] and then again in 1998.[38] This was one of few occasions on which the church has sent a representative to testify on behalf of a bill before the U.S. Congress.[39]

LDS Church service[edit]

Oaks (right) with LDS Church president Thomas S. Monson (left) and U.S. President Barack Obama (center) in the Oval Office on 20 July 2009, presenting a personal volume of President Obama's family history as a gift from the LDS Church.

On April 7, 1984, during the Saturday morning session of the LDS Church's general conference, Oaks was sustained an apostle and a member of the Quorum of the Twelve Apostles. As a member of the Quorum of the Twelve, Oaks is accepted by the church as a prophet, seer, and revelator.

Although sustained on April 7, Oaks was not ordained an apostle until May 3, 1984. He was given this time between sustaining and ordination to complete his judicial commitments.[40] Of the shift from judge to apostolic witness, Oaks commented, "Many years ago, Thomas Jefferson coined the metaphor, 'the wall between church and state.' I have heard the summons from the other side of the wall. I'm busy making the transition from one side of the wall to the other."[23] At age 51, he was the youngest apostle in the quorum at the time and the youngest man to be called to the quorum since Boyd K. Packer, who was called in 1970 at age 45.

From 2002 to 2004, Oaks presided over the church's Philippines Area. Responsibility for presiding over such areas is generally delegated to members of the Quorums of the Seventy. The assignment of Oaks, along with Jeffrey R. Holland, who served in Chile at the same time, was aimed at addressing challenges in developing areas of the church, including rapid growth in membership, focus on retention of new converts, and training local leadership.[41]

On February 26, 2010, Oaks addressed students at the annual Mormonism 101 Series convened at Harvard Law School.[42][43]

In April 2015, included as part of an assignment to tour Argentina, Oaks gave a speech on religious freedom to the Argentine Council for International Relations.[44]

Among other assignments, Oaks has served as the senior member of the Quorum of the Twelve Apostles on the Church Board of Education and Boards of Trustees, including as chairman of its Executive Committee.

Counselor in the First Presidency[edit]

In January 2018, Russell M. Nelson became the church's new president. As the apostle second in seniority to Nelson, Oaks became President of the Quorum of the Twelve Apostles. However, since Nelson called Oaks as his First Counselor in the First Presidency, M. Russell Ballard was appointed as the quorum's acting president. As First Counselor in the First Presidency, Oaks serves as First Vice Chairman of the Church Educational System's Board of Education and Board of Trustees.

Awards and honors[edit]

Oaks earned the rank of Eagle Scout in 1947,[45] and he was honored with the Distinguished Eagle Scout Award in 1984.[45][46] He was named "Judge of the Year" by the Utah State Bar in 1984,[47] and he was bestowed the Lee Lieberman Otis Award for Distinguished Service by the Federalist Society in 2012.[48] He received the Canterbury Medal from the Becket Fund for Religious Freedom in 2013,[49] and he received the Pillar of the Valley Award by Utah Valley Chamber of Commerce in 2014.[50]

Students at the University of Chicago Law School created the Dallin H. Oaks Society to "increase awareness within the Law School community of the presence, beliefs, and concerns of law students who are members of The Church of Jesus Christ of Latter-day Saints".[51]

Family[edit]

Oaks married June Dixon on June 24, 1952. She died on July 21, 1998. They had six children, including Dallin D. Oaks, a linguistics professor at BYU,[52] and Jenny Oaks Baker, a violinist. The Oaks' last child was born 13 years after their fifth child.[53]

On August 25, 2000, Oaks married Kristen Meredith McMain in the Salt Lake Temple.[54] McMain was in her early 50s and had previously served a mission for the LDS Church in the Japan Sendai Mission. McMain has bachelor's and master's degrees from the University of Utah and a doctorate in curriculum and instruction from BYU.[55]

Works[edit]

Articles
Books
Chapters

See also[edit]

Notes[edit]

  1. ^ Oaks and Russell M. Nelson were ordained to fill the vacancies in the Quorum of the Twelve Apostles caused by the deaths of Richards and Petersen.
  2. ^ Bergera, Gary James; Priddis, Ronald (1985). "Chapter 1: Growth & Development". Brigham Young University: A House of Faith. Salt Lake City: Signature Books. ISBN 0-941214-34-6. OCLC 12963965. 
  3. ^ Apostolic seniority is generally understood to include all ordained apostles (including the First Presidency and the Quorum of the Twelve Apostles. With the recent deaths of Robert D. Hales and Thomas S. Monson, and the subsequent reorganization of the First Presidency, there are currently two vacancies in the quorum.). Seniority is determined by date of ordination, not by age or other factors. If two apostles are ordained on the same day, the older of the two is typically ordained first. See Succession to the presidency and Heath, Steven H. (Summer 1987). "Notes on Apostolic Succession" (PDF). Dialogue: A Journal of Mormon Thought. 20 (2): 44–56. .
  4. ^ Dallin H. Oaks, "The Witness: Martin Harris" In: General Conference, April 1999
  5. ^ "The Pioneer Mother", history.utah.gov, Markers and Monuments Database, Utah State History, Utah Department of Heritage and Arts, archived from the original on 2012-07-08 
  6. ^ Hardy, Rodger L. (July 7, 2009), "Elder Oaks dedicates Springville sculpture garden", Deseret News 
  7. ^ "Prophets and Apostles: Dallin H. Oaks", lds.org, retrieved 3 September 2014.
  8. ^ "Harold E. Van Wagenen", Historical Provo, Provo City Library, retrieved 2014-01-17 
  9. ^ Wilkinson, Ernest L., ed. (1976), Brigham Young University: The First 100 Years, 4, Provo, Utah: BYU Press, pp. 10–13 
  10. ^ Historical Provol: George M. Hinckley, Provo City Library, retrieved 2014-01-17 
  11. ^ Joseph Walker, "Dallin H. Oaks", April 29, 1984
  12. ^ "Dallin H. Oaks as a young football player at Brigham Young High School", BYU Campus Photographs Collection, Harold B. Lee Library, Brigham Young University, 1970–1975 [1946-1950], retrieved 2014-01-17 
  13. ^ Wilkinson. BYU. pp. 13–14.
  14. ^ a b c d e "Dallin H. Oaks: Judge, University President, Apostle; Brigham Young High School Class of 1950", BYH Biographies: Alumni, Brigham Young High School Alumni Association, retrieved 2014-01-17 
  15. ^ "Dallin H. (Harris) Oaks", Grampa Bill's General Authority Pages, William O. Lewis, III, retrieved 2014-01-17 
  16. ^ Dunaway, Clint (5 January 2010), "Harvard Law School to Present Elder Dallin H. Oaks", MormonLawyers.com, Dunaway Law Group (Mesa, Arizona), archived from the original on 2013-10-21, retrieved 2014-01-17 
  17. ^ Wilkinson. BYU. Vol. 4, p. 20.
  18. ^ Bob Mims, "As Nelson’s longtime right-hand man, Oaks brings a keen legal mind to Mormonism’s new Big Three", Salt Lake Tribune, January 17, 2017
  19. ^ Scott Taylor. "A Look At President Dallin H. Oaks" Deseret News January 16, 2018
  20. ^ Wilkinson. BYU. Vol. 4, pp. 20–22.
  21. ^ Wilkinson. BYU. Vol. 4, pp. 22–23.
  22. ^ Taylor, "Oaks", Deseret News Jan 16, 2018]
  23. ^ a b Cazier, Bob (May 1984). "Elder Dallin H. Oaks of the Quorum of the Twelve Apostles". Ensign. pp. 89–90. Retrieved 2008-07-22. 
  24. ^ Butterworth, Edwin, Jr. (October 1975), "Eight Presidents: A Century at BYU", Ensign 
  25. ^ "BYU Receives Support on Stand against Sex Bias Rules", Ensign, February 1978 
  26. ^ "BYU, Justice Department Agree on Housing Policy", Ensign, August 1978 
  27. ^ Yalof, David Alistair. Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Justices (2001), p. 127.
  28. ^ Gehrke, Robert (August 18, 2005), "LDS apostle was studied for '81 court", Salt Lake Tribune 
  29. ^ The position was ultimately filled by Sandra Day O'Connor, fulfilling a campaign promise made by Reagan to appoint a woman to the court.
  30. ^ 443 U.S. 916 (1979).
  31. ^ Dallin H. Oaks, "Studying the Exclusionary Rule in Search and Seizure", 37 University of Chicago Law Review 665 (1970).
  32. ^ Oaks, Dallin H. "The Suppression of the Nauvoo Expositor." Utah Law Review 9 (Winter 1965):862–903.
  33. ^ 648 P.2d 1364 (Utah 1982).
  34. ^ 668 P.2d 513 (Utah 1983).
  35. ^ 681 P.2d 199 (Utah 1984).
  36. ^ Landsberg, Mitchell (February 5, 2011), "Religious freedom under siege, Mormon leader says", Los Angeles Times 
  37. ^ Gedicks, Frederick M. (1999), "No Man's Land: The Place of Latter-day Saints in the Culture War", BYU Studies, 38 (3): 148, archived from the original on 2014-02-01 
  38. ^ Oaks, Dallin H. (Spring 1998), "Statement Before the Senate Committee on the Judiciary" (PDF), Clark Memorandum, J. Reuben Clark Law School, BYU: 21 
  39. ^ "Elder Oaks Testifies before U.S. Congressional Subcommittee", Ensign, News of the Church, July 1992 : Article states this was the third time that an official of the LDS Church brought an official stance to Congress, and in his testimony Oaks stated that his actions as an official church spokesperson were an exception to the general rule of the church not taking a stand on pending legislation.
  40. ^ Hinckley, Gordon B. (May 1984), "Sustaining of Church Officers", Ensign: 4 .
  41. ^ Moore, Carrie (April 10, 2002). "2 apostles assigned to live outside U.S". Deseret News. 
  42. ^ "Apostle Addresses Harvard Audience on Mormon Faith". Newsroom [MormonNewsroom.org]. News Story. LDS Church. 26 February 2010. Retrieved 2014-01-17. 
  43. ^ Sheffield, Carrie; Askar, Jamshid (February 27, 2010), "Don't marginalize religion, Elder Oaks says to Harvard law students", Deseret News, retrieved 2014-01-14 
  44. ^ Jason Swensen, "Elder Oaks warns of rising secularism, champions religious freedom", Church News, April 23, 2015.
  45. ^ a b "Archived copy". Archived from the original on April 5, 2014. Retrieved April 13, 2014. 
  46. ^ http://www.utahscouts.org/eagle-scout-alumni-nesa/national-eagle-scout-association-nesa/54100
  47. ^ http://www.utahbar.org/bar-operations/judge-of-the-year-award/
  48. ^ "Federalist Society honors Elder Dallin H. Oaks, JD'57". May 15, 2012. 
  49. ^ "Elder Dallin H. Oaks Honored for Championing Religious Freedom", Newsroom [MormonNewsroom.org], News Release, LDS Church, May 16, 2013 
  50. ^ http://utahvalley360.com/2014/03/29/lighter-side-of-elder-oaks-shines-at-pillar-of-the-valley/
  51. ^ "Dallin H. Oaks Society", law.uchicago.edu, Student Organizations, University of Chicago Law School, retrieved 2014-01-17 
  52. ^ "Dallin Dixon Oaks", Department of Linguistics and English Language, Directory, BYU, archived from the original on 2011-05-16 
  53. ^ Walker "Oaks", Deseret News, April 1984
  54. ^ Oaks, Dallin H. (October 2003), "Timing", Ensign 
  55. ^ "2011 Time Out for Women Tour: Kristen M. Oaks", deseretbook.com, Deseret Book, archived from the original on 2012-03-06 

References[edit]

External links[edit]

The Church of Jesus Christ of Latter-day Saints titles
Preceded by
Russell M. Nelson
Quorum of the Twelve Apostles
May 3, 1984 – January 14, 2018
Succeeded by
M. Russell Ballard
President of the Quorum of the Twelve Apostles
January 14, 2018 –
With: M. Russell Ballard (Acting)
Succeeded by
Incumbent
Preceded by
Henry B. Eyring
First Counselor in the First Presidency
January 14, 2018 –
Academic offices
Preceded by
Ernest L. Wilkinson
 President of Brigham Young University 
1971 – 1980
Succeeded by
Jeffrey R. Holland