"They're painting with a very broad brush now so that it avoids the issue of domestic partnership entirely," Anderson said. "You don't make progress in terms of equality by whatever intimidation factor there might be because of potential backlash from any political group. This is a very important matter of principle as well as the pragmatics."

Frank Mylar, an attorney for the plaintiffs, said the council's proposition would sidestep concerns about violating Utah laws that define marriage.

"We represented to the court that if this was opened up and not just trying to favor these particular relations that Rocky Anderson wanted to favor to the exclusion of others, then we would consider that more appropriate legally," Mylar said. "If it's opened up to a number of other individuals, then I think that's more fair and doesn't violate the clear intent of the Utah marriage act."

A council staff member and subcommittee of the council — Love, Eric Jergensen and Dave Buhler — drafted the proposal over the fall after hearing from city attorneys, insurance representatives and the state insurance provider. The council specifically wanted to include gay couples in the health plan, but it also wanted a broader approach to giving people health care.

"It may be a couple — whether it be a gay couple or a heterosexual couple. It may be two sisters, or just two long-term roommates who have been together for years," Love said. "We wanted to be fair in our approach."

The council will discuss the ordinance tonight in its work session; it may hold another work session, schedule a public hearing, or decide to vote on it as early as next week, Love said.

Regardless of the council's action and the differences between the plans, Anderson said that he's pleased his argument with the council is about how to implement the benefits.

"We've come a long way for this to be the debate," Anderson said. "When at the end, no matter which plan is adopted, domestic partners and their children will obtain insurance coverage, that's real progress."

---

E-mail: kswinyard@desnews.com