The Public Employees Benefits Program (PEHP) — the state agency that administers the city's health care claims — said this week that it won't administer the program to unmarried couples until it gets a court order ruling that the plan is legal.

PEHP wants to have the court opinion before city employees sign up for the new benefits.

Insurance questions aside, Christensen maintains Anderson's order violates Utah's Marriage Recognition statute that was passed in 2004. That statute reads in part: "This state will not recognize, enforce or give legal effect to any law creating any legal status, rights, benefits or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married."

Proponents of the mayor's plan say dozens of private companies in Utah and even some taxpayer-funded organizations have similar benefit policies. They wonder why Salt Lake City should be treated differently.

Anderson has asked the City Council to pass a resolution supporting his order and has proposed an ordinance that would give bereavement benefits to unmarried partners as well.

With four council seats up for re-election this year, gay rights advocates want this to become an election issue in Salt Lake City, a liberal island in politically conservative Utah.

"That should be an election issue this fall," Equality Utah Board Chair Jane Marquardt said. "I would hope that we would only vote for council members who are willing to support that resolution."

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