From Deseret News archives:

Gay couples in Utah urged not to sue

Published: Wednesday, June 18, 2008 12:03 a.m. MDT
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"The fight is going to have to focus on the courts and very much is going to have to focus on the ballot measure in California," Stewart said. "In terms of survival of the man-woman institution, passage of the California marriage amendment is a life or death matter."

Sen. Orrin Hatch, R-Utah, also worried about the judicial ruling making laws. In a statement released Tuesday, he urged Californians to "reject this elitist decision" by supporting the ballot measure.

"This is what happens when judges mistake themselves for legislators," he said. "They discover previously unknown rights in constitutional texts. While falsely asserting fidelity to enduring constitutional principles, they substitute their own idiosyncratic notions of right and wrong for the judgments of the people."

While several same-sex couples interviewed by the Deseret News expressed a sense of hope in the California marriage ruling, there doesn't seem to be an expectation of recognition at home, at least not anytime soon.

Elizabeth Clement and Kellie Custen, of Salt Lake, are planning on spending a year in California, but aren't planning on getting hitched there.

"I think it would be more exciting if something were happening here," Clement said. "I think it's going to be a long time."

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The couple has considered a ceremony, but both say it would have more meaning in Utah, where their life is. Still, Clement says, "It bothers me I can't extend health benefits to my partner or tuition benefits to my step-kids."

Custen adds, "I really do think that will happen. I've seen, in my lifetime, the rights of African-Americans change and the rights of women change. This is the next frontier of civil rights."

Mark Banford and Noel Reese of Las Vegas see it differently. The couple of eight years discussed their plans to wed in California recently while attending the Utah Pride Festival.

"We're really excited about what's going on in California," Banford said. "Even though it won't count where we're from, we want to be a part of it."


Contributing: Arthur Raymond
E-mail: dbulkeley@desnews.com

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Utah state Sen. Scott McCoy talks during a domestic partner registry debate in February.

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