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Monroe G. McKay
Senior Judge of the United States Court of Appeals for the Tenth Circuit
In office
December 31, 1993 – March 28, 2020
Chief Judge of the United States Court of Appeals for the Tenth Circuit
In office
September 1991 – December 31, 1993
Preceded by William Judson Holloway Jr.
Succeeded by Stephanie Kulp Seymour
Judge of the United States Court of Appeals for the Tenth Circuit
In office
December 1, 1977 – December 31, 1993
Appointed by Jimmy Carter
Preceded by David Thomas Lewis
Succeeded by Michael R. Murphy
Personal details
Born
Monroe Gunn McKay

(1928-05-30)May 30, 1928
Huntsville, Utah
Died March 28, 2020(2020-03-28) (aged 91)
Orem, Utah
Education Brigham Young University (BS)
University of Chicago Law School (JD)

Monroe Gunn McKay (born May 30, 1928 – died March 28, 2020) was an important judge in the United States. He served on the United States Court of Appeals for the Tenth Circuit. This court hears appeals from federal courts in several states, including Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.

Early Life and Education

Monroe G. McKay was born in Huntsville, Utah, in 1928. After high school, he joined the United States Marine Corps and served from 1946 to 1948.

From 1950 to 1952, McKay served as a missionary for the Church of Jesus Christ of Latter-day Saints in South Africa. He then returned to the United States to continue his education.

He earned a Bachelor of Science degree from Brigham Young University in 1957. Later, he received his law degree (called a Juris Doctor) from the University of Chicago Law School in 1960. He was part of several special groups, like the Phi Kappa Phi honor society, which recognized his excellent academic achievements.

Legal Career and Public Service

After law school, McKay started his legal career by helping a judge on the Supreme Court of Arizona from 1960 to 1961. This job is called a law clerk.

He then worked as a private lawyer in Phoenix, Arizona, from 1961 to 1974. During this time, he also took a break to serve his country in a different way. From 1966 to 1968, McKay was the Director of the United States Peace Corps in Malawi, Africa. The Peace Corps is a program where Americans volunteer to help people in other countries.

After his time with the Peace Corps, McKay became a law professor. He taught at the J. Reuben Clark Law School at Brigham Young University from 1976 to 1977.

Becoming a Federal Judge

On November 2, 1977, President Jimmy Carter chose Monroe McKay to become a judge. He was nominated to a seat on the United States Court of Appeals for the Tenth Circuit. The United States Senate approved his nomination on November 29, 1977. He officially became a judge on December 1, 1977.

Judge McKay served as the Chief Judge of the Tenth Circuit from 1991 to 1993. This means he was the main judge leading the court. On December 31, 1993, he took on "senior status." This allowed him to work a reduced schedule while still hearing cases. He passed away on March 28, 2020, at the age of 91.

Important Court Decisions

Judge McKay was part of many important decisions during his time on the court. Here are a few examples:

Protecting Free Speech

In a case called YOTL v Savage (2008), Judge McKay was on a panel of three judges. The case was about a rule in Oklahoma that said people collecting signatures for petitions had to live in Oklahoma. The judges decided that this rule was against the First Amendment of the U.S. Constitution, which protects freedom of speech. They said that people should be able to collect signatures without such a strict rule. This decision helped protect the right to free speech for everyone.

Environmental Protection

Judge McKay was involved in the case of Southern Utah Wilderness Alliance v. BLM. This case was about protecting wild areas in Utah from off-road vehicles. The environmental group wanted to close certain areas to these vehicles. The court decided that a lower court needed to look at the case again. They said that courts could get involved in how the government manages these lands. This decision was important because it helped make sure that proposed wilderness areas are protected until Congress decides their final status.

School Desegregation

In 1989, Judge McKay was part of a decision in the case of Brown v. Board of Education of Topeka Shawnee County Kansas. This case was related to the famous 1954 Supreme Court decision that said separate schools for different races were illegal. In the 1989 case, Judge McKay and another judge decided that the schools in Topeka, Kansas, had not done enough to end segregation. They said that schools needed to do more than just stop promoting segregation; they had to actively work to make schools truly integrated.

Government Responsibility

In 1987, Judge McKay heard the case of Allen v. United States. This case involved people who claimed they got cancer because of nuclear weapon tests done by the government in the 1950s and 1960s. The judges decided that the government could not be held responsible for these injuries. They explained that the government's decisions about nuclear tests were part of its special powers. Judge McKay wrote that while he felt sympathy for the people who got sick, it was up to Congress, not the courts, to help them.

Judicial Philosophy

Judge McKay believed that judges play a very important role in society. He thought that the court system helps keep a diverse society working together. He felt that judges must always act with integrity. This means they must be honest and fair. He believed it was a judge's main job to make sure that the government does not take away people's rights.

Personal Life

Monroe McKay married Lucille A. Kinnison on August 6, 1954. They met while he was studying at Brigham Young University. Together, they had nine children: five daughters and four sons. He was also a brother to Quinn G. McKay and K. Gunn McKay.

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