Measure addresses non-nuptial benefits

People who can't marry would have access to some health care and inheritance benefits under a bill to be introduced during the 2005 session of the Legislature.

Sen. Greg Bell, R-Fruit Heights, said his "mutual dependence benefits contract" is different from civil unions rejected by voters when they turned down Amendment 3 in November. Bell's idea is not limited to same-sex couples but would apply to any two adults who aren't married and legally can't marry. A person caring for an elderly parent would also qualify, as would roommates of the same sex, for example.

"I'm just trying to put out there for discussion a bill that would allow people to, in an inexpensive way, which would be registered, to clarify their relationships," Bell said. "This is fair and equitable. To me it's something that's very defensible."

Amendment 3 co-sponsors Sen. Chris Buttars, R-West Jordan, and Rep. LaVar Christiansen, R-Draper, both said they'd have to study the legislation before commenting on it.

Buttars said he'd look at how compatible the legislation is with Amendment 3, and said he wouldn't endorse anything that goes against its spirit.

Christensen said he'd talk to the author but for now he's not convinced such legislation is needed.

"I've always felt confident that hospital visitation and power of attorney are already provided for under current law," he said.

While nearly every provision in the bill is available outside marriage already, the bill would make it easier and less expensive to access the documents, without needing an attorney.

"Number one, there's the cost issue," Bell said. "Number two, we want to have a dialogue with the community about whether it's needed or not."

Opponents of Amendment 3 had expressed concern the constitutional marriage ban could be used to challenge legal documents such as the powers of attorney.

Now, Michael Mitchell, executive director of Equality Utah, said Bell's bill is "a step in the right direction."

"There are gay and lesbian families out there who definitely want and need some kind of stability that something like this provides," he said. "On its face it looks like a helpful reality."

The bill is similar to a mutual beneficiary plan that Gov.-elect Jon Huntsman Jr. had proposed after he endorsed Amendment 3 while running for office. Huntsman has yet to release details of his proposal, but his spokesman, Jason Chaffetz, said it would be based on dependence, not a sexual relationship.

Other states, such as Hawaii and Nevada, that also ban same-sex marriage also provide similar bundles of rights.

Chris Parker, associate general counsel at the state Office of Legislative Research and General Counsel, said the bill is compatible with Amendment 3 because the provisions aren't ones that only spouses are entitled to. In fact some, such as hospital visitation, give a person the same rights as an immediate family member.

---

E-mail: dbulkeley@desnews.com