Committee sinks death-benefits bill

The first in a package of six controversial bills dealing with gay and lesbian rights was voted down Tuesday afternoon in the Senate Judiciary Committee.

The wrongful-death amendment, SB32, which was sponsored by Sen. Scott McCoy, D-Salt Lake, would have amended state law to allow anyone in "a mutually supportive and dependent relationship" to sue for wrongful-death damages — including same-sex couples. The bill, which had been previously approved during interim hearings, only received support during voting from McCoy and his fellow Salt Lake Democrat, Ross Romero.

Senators voting against the bill were primarily concerned that this would lead lawmakers down a path toward legalizing gay marriage, which the state banned with a constitutional amendment in 2004. That concern was echoed by testimony from opponents.

Gayle Ruzicka, head of the Eagle Forum, said that passage of Amendment 3 by Utah voters meant that no domestic relationship could be given the same legal status as marriage.

"I believe that this bill today does exactly that," Ruzicka said. "This bill treats same-sex partners as spouses."

After the vote, McCoy said it was frustrating that members of the committee were so paralyzed by fear that they were forced to express a complete lack of compassion for people in society who are affected by the death of a loved one or a partner.

"None of the opponents who came and testified against the bill really had anything to say about the bill," McCoy said. "They kept trying to make it about marriage, and it's simply not. It's specifically not."

The bill's defeat does not bode well for the other bills that are being pushed by Equality Utah as the Common Ground Initiative, although McCoy said the other bills will still be pushed this session. In the days following the passage of California's same-sex marriage ban, Equality Utah officials said they used statements from The Church of Jesus Christ of Latter-day Saints to create the bills of the Common Ground Initiative. The package is not about marriage, Equality Utah has said, but rather about basic protections for the state's lesbian, gay and transgender community.

Will Carlson, manager of public policy for Equality Utah, said he was surprised this one did so poorly in committee. Still, he said the proposal would not go away, even if it means waiting until next year.

"We brought this two years ago; we brought this last year; we'll bring it next near," he said.

The widely anticipated committee meeting was packed, with an overflow crowd. Five witnesses from each side of the debate were allowed to testify, and the committee's consideration of the bill lasted almost 90 minutes.

E-mail: dservatius@desnews.com; afalk@desnews.com