From Deseret News archives:
Family law experts debate amendment
"Amendment 3 does two things. No. 1, it nails down the long-held definition of a legal union of a man and a woman," Stewart said, speaking to members of the Family Law Section of the Utah State Bar on Friday. "It is a narrow and rigorous test of what constitutes counterfeit marriage."
Scott McCoy, head of the Don't Amend Alliance, countered that Stewart's arguments supporting the amendment, which will be on November's ballot, are "shortsighted."
"This is going to cause a lot more chaos and litigation than it's going to stop," McCoy said.
The Family Law Section's executive committee has voted to oppose Amendment 3. Friday's luncheon gave members of the entire section a chance to hear from both sides of the debate on areas concerning their practices.
The discussion focused on the amendment's second sentence, which reads: "No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."
Speaking for a coalition of amendment supporters, Stewart said that if the amendment passes, the only relationship that could be declared unconstitutional or a "counterfeit marriage" is a legally recognized one that is based on a sexual relationship and is one that must "walk, talk and act like a marriage."
The relationship must be defined under a law before it can be declared unconstitutional, Stewart said. The amendment is so narrowly crafted, he said, that only those relationships that meet the above standards would be unconstitutional.
He said the amendment wouldn't prevent companies from providing health insurance coverage to dependents, or have any impact on the state's cohabitant abuse law.
McCoy said supporters will argue that the language is "so simple, so pure, so plain."
He said Stewart was using a quantitative approach to civil unions — if a civil union offers all the rights associated with a marriage, it's a counterfeit.
"Where is the magic line?" McCoy said. "If 10 rights and responsibilities are OK, what about 25?"
McCoy said that if, for example, the Legislature decided to guarantee hospital visitation rights, a court would likely look at the quality or nature of that individual right, as far as how marriage-like they are.
E-mail: dbulkeley@desnews.com
