From Deseret News archives:
Amendment tests loom
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And another Salt Lake attorney, Clark Ward, has considered asking a judge to nullify a common law marriage because of Amendment 3, therefore dismissing divorce claims against his unmarried client.
Ward said after looking at his options, he decided to file his motion to dismiss on other grounds. Still, Ward said, "This new amendment demonstrates . . . public opinion disfavors giving marital status to something that is not a marriage."
Corporon who did not support Amendment 3 is nonetheless using it to represent her client by contending that a protective order in essence grants property rights to the girlfriend because the order forbids the man from coming into the apartment they shared. But this couple cannot have "substantially equivalent" rights as married people because they were never wed, she argues.
Corporon said this theory may or may not be accepted by a judge and could possibly be appealed to a higher court. One thing she is certain about is the fact that this is just the beginning of a series of legal questions that will find their way into the courts.
Stewart, however, said lawyers who present such legal defenses probably have two motives to defend a client and their own position against Amendment 3.
"A number of lawyers said it's going to cause unforeseen consequences," Stewart said. "They have a personal and a vested interest in getting to the point they can say 'I told you so.'
"Obviously, rulings that accept a reasonable and narrow interpretation of Amendment 3 will put to lie all of those loudly made assertions," he said.
But Corporon predicts the amendment now will be used in ways that could affect criminal, family and probate law, as well as such things as debt collection.
"We will all start to fight out one case at a time what Amendment 3 means," Corporon said.
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