The second sentence of the proposal goes beyond defining marriage and threatens the rights of other domestic relationships, such as hospital visitation and medical decision-making.

The second sentence is ambiguous. It was hastily considered in the final days of the Legislature — not the careful and responsible way most constitutional change occurs in Utah. The Utah Constitutional Revision Commission, on which I served for a number of years, is normally asked to review and study proposed constitutional amendments. In this instance, that important process was ignored.

In addition, the adoption of the second sentence could have a negative impact on Utah's economic development. Almost half of all Fortune 500 companies and a number of Utah businesses now offer health benefits based on domestic relationships. I believe that we can, and should, support traditional marriage in Utah without creating an unfriendly business environment.

Concerns with the second sentence have caused Utah's attorney general, the past two attorneys general, and all of Utah's attorney general candidates to oppose Amendment 3. Gov. Walker also has expressed concerns. As one who has studied and taught constitutional law for many years, I agree with their analysis.

16. Do you favor the open space issue which now also will be on the ballot?

I support the "Open Space" initiative on November's ballot. Based on current patterns, developed land in Salt Lake, Utah, and Davis Counties will grow from 370 square miles (as of 1998) to 695 square miles by the year 2020 — an increase of 88 percent. The growth of developed urban areas along the Wasatch Front has taken place largely by converting agricultural lands into residential and commercial real estate. In Davis County alone, approximately 700 acres of farmland are converted to urban development each year. Development also climbs further and further up our mountain slopes.

Although the state Legislature enacted the Quality Growth Act in 1999 — which was designed to provide planning assistance to local governments, administer the LeRay McAllister Critical Land Conservation Fund, and make recommendations to the legislature on growth issues —funding for open space protection has been limited.

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