But Rep. LaVar Christensen, R-Sandy, said that Anderson's effort violates state law that says governments can't create any law (it's unknown whether an executive order would qualify as a "law" under the statute) that gives equivalent benefits to non-marriage relationships.

"Based on current law what he proposes to do is illegal and therefore has no effect," he said. "It's tantamount to the San Francisco mayor performing same-sex marriages."

Christensen says there will likely be a legal challenge to Anderson's order. If that fails there could be legislation restricting all Utah cities from offering benefits to non-married couples.

Anderson said he doesn't think such a measure would pass the Legislature.

"There are a few that might want to, but I think the Legislature as a whole is not that punitive or discriminatory," the mayor said. "I certainly hope not."

Anderson's executive order would offer insurance benefits to non-married couples, but the mayor can't, by executive order, extend bereavement or dependent-leave benefits to those couples. Anderson plans to deliver an ordinance to the council on Wednesday that, if passed, would offer those bereavement and dependent benefits as well.

Such an ordinance could be a testy issue for some more moderate council members. Most, if not all, council members would have liked to extend benefits to a wide range of people instead of just gay partners. Siblings, roommates and other groups should have similar access to benefits. Some council members favor a plan that would allow any city employee to designate one adult to whom benefits could be offered.

"We should be more inclusive and less exclusive," council member Dave Buhler said, who also said the benefits should be prescribed in ordinance because next year the council will be called on to provide funding for the plan.

Also, executive orders often expire when the mayor that signed them leaves office while ordinance's stay in effect until changed by council vote.

"The weakness in the mayor's bold decision is that in two years it may be gone," Council woman Nancy Saxton said. Still, Saxton said, she wasn't sure the City Council was ready for a potentially divisive, public discussion on giving health benefits to gay partners.

"I don't know if all the council members were interested in having this as a big public discussion," she said.

A recent Dan Jones & Associates poll for the Deseret Morning News and KSL-TV showed 54 percent of Salt Lake City residents favor Anderson's plan to extend health benefits to domestic partners of city employees while 42 percent oppose it. Statewide, the poll shows most Utahns opposed the Anderson's move. All told 64 percent of Utahns said the were against it while only 31 percent were in favor.

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E-mail: bsnyder@desnews.com