First of Several Gay Rights Bills Passes in Committee

Nov 19, 2008 by KCPW

The first of many gay rights bills was tested and passed today by the state legislature's Judiciary Committee on Capitol Hill. The bill amends the current wrongful death statute to define an heir as a person who had a mutual supportive and dependent relationship with the deceased.

 

The committee held a heated discussion about the bill and whether it infringes on the state's constitutional Amendment Three, which declares that marriage is only between a man and a woman, and that any other type of union can't be given the same legal standing. Bill Sponsor Senator Scott McCoy said the bill is about giving rights to a group of people, not specifically about gay rights.

"This is not meant to recognize a particular type of relationship. I know that there are concerns about whether or not this has an issue with this state's marriage policy and I've tried very hard to make sure that this bill does not automatically afford, or even automatically afford standing to anyone and it applies across the board to everyone."

This bill is a part of several bills announced by Equality Utah to expand the rights of same-sex couples. Opponents like Karen Merkley of Utah Families International argued that these bills attack traditional marriage.

"This is part of a package of bills designed to elevate homosexual or consensual co-habiting relationships to legally recognized status and to redefine marriage. While Scott has said that language is not present, per say in the bill, it obviously is not present, but it is certainly implicit in allowing these consensual relationships to be part of the agenda of Equality Utah and this series of bills that is before us."

However, Will Carlson, the public policy manager for Equality Utah, said the bill furthers the rights of same-sex couples along with other individuals and he believes the bill does not interfere with the definition of marriage.

"This is not about marriage. We've focused on this because its not a part of the marriage debate, and in the hindsight after Proposition 8 and the culture war, there is some common ground here."

But opponents of the bill argue that this bill is the first step to legalizing same-sex marriage. Gayle Ruzicka, President of conservative activist group the Utah Eagle Forum, says the reason that the supreme court in California overturned a ban on same-sex marriages was because the legislature had passed laws giving them benefits that recognized those unions as marriages.

"This is the beginning of several bills that will come forward, each one of those will do exactly what the judge has said there. Each one of them will give a benefit or benefits that is the same as marriage. Maybe on their own by themselves they seem harmless enough, but as they start to add up we will then see the same kind of thing."

However, Representative Kay. McIff believes that opponents like Ruzicka are getting ahead of themselves . He said the bill simply defines who an heir can be.

"The unfortunate thing about our inquiry here is that we are worried that whatever we do is going to be viewed as bigger than it really is. None of us feel comfortable with an endorsement that says we are changing the nature of marriage, all we ought to be viewed as doing is whether or not we are going to provide standing for someone who has a demonstrable injury."

Since the committee's debate focused on whether the bill would impact marriage, Representative Sheryl L. Allen suggested that a paragraph in a former draft of the bill be put back in, stating that this was not the bills purpose. Senator Gregory Bell argued against the addition.

"We are not protecting sexual orientation as a class, rather we are simply saying that all persons who fit into this and we are not saying who they might be. And in fact it might give us some comfort to put that amendment in there, but the cleanest way to go, to me, is to not put the amendment in there, and simply have it neutrally stated."

In the end the committee voted to include the paragraph in the bill.

Another issue the committee discussed was how a person would prove he or she should be an heir, and whether they would be given a settlement before children.

Senator McCoy said the requirements to prove a person had a mutually supportive and dependent relationship are strict, and that minor children would always be given funds over an individual designee. And Representative Christine Johnson said in the end, the bill gives the power to the courts to decide who is an eligible heir.

"We are not to sit here and judge every situation that occurs within the state of Utah as it pertains to financial dependants and relationships. We can merely open the door and allow the judicial system to be the judge. And I look at those who have all of these rights and say don't give them to anyone else, I think it's unacceptable to just shut the door and say we don't care."

Equality Utah is also advocating for other bills to give hospital visitation, probate, workplace and housing rights to same-sex couples, and implement a state-wide domestic partnership registry that will be introduced in different legislative committees in coming months.

The bill passed despite garnering four "no" votes. It will now be considered in the general legislative session.

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