The Church of Jesus Christ of Latter-Day Saints (also known as “The
Mormons”) yesterday issued a press release supporting legislation and
constitutional amendments which bar non-traditional relationships from
acquiring similar status to legal marriage.
(See the Church’s press release at:
http://www.lds.org/newsroom/showrelease/0,15503,3881-1-20336,00.html)
Utah’s Proposition 3, on the ballot for citizen ratification this
November 2, would define marriage in Utah’s Constitution as the
union of a man and a woman, and further prevent any other relationship
from gaining the same or similar legal status as marriage.
The Church of Jesus Christ of Latter-Day Saints (also known as “The Mormons”) yesterday issued a press release supporting legislation and constitutional amendments which bar non-traditional relationships from acquiring similar status to legal marriage.
(See the Church’s press release at: http://www.lds.org/newsroom/showrelease/0,15503,3881-1-20336,00.html)
Utah’s Proposition 3, on the ballot for citizen ratification this November 2, would define marriage in Utah’s Constitution as the union of a man and a woman, and further prevent any other relationship from gaining the same or similar legal status as marriage.
According to critics, the LDS Church’s release so near to election day will almost certainly have an immense effect on the vote, as Church members account for nearly 2/3 of Utah’s population. The timing of this release, they claim, is tantamount to an endorsement. Church public relations spokespeople, on the other hand, deny the endorsement of any specific statute or amendment.
What are the ramifications of the LDS church’s statement, so close to election day, which appears to favor Proposition 3? The ballots will ultimately decide, but with support for the amendment hovering around 67% according to some polls (and as low as 25% according to polls sponsored by the opposition), it’s important for Utah citizens to examine the potential ramifications of the amendment.
Here is the full text of Utah’s proposed constitutional amendment:
Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
In summary, detractors of this proposed amendment cite these primary reasons to oppose Proposition 3:
- The language is too broad, and will have substantial consequences on heterosexual couples
- It is the only proposed amendment in over thirty years to have completely bypassed the state’s Constitutional Revision Commission, thus avoiding oversight and analysis by that body;
- It will invalidate common-law marriage statutes, which marriages are not considered “legal unions”;
- It will bar common-law and same-sex partners from:
- Making emergency medical decisions for the partner;
- Receiving health insurance under a partner’s domestic partner employment benefits;
- Automatically inheriting property from one’s partner;
- It will prevent a partner from visiting her/his mate in hospitals;
- It will invalidate certain protections to persons under Utah’s domestic violence statute.
Detractors of the proposed amendment maintain that barring domestic partners from having tax and employment benefits similar to those of married couples is discriminatory, and analogous to racist legislation of the 1960’s and 1970’s. This amendment is unclear, unfair, and goes too far in prohibiting civil unions. Attorney General Mark Shurtleff and Governor Olene Walker, while both supporting a marriage amendment, say “just not this one”. Simple constitutions are best, and, according to Gov. Walker, “the specifics are left to statutes”.
Supporters of the proposed amendment cite:
- The second sentence of the amendment is necessary since the State of Vermont created a “civil union” status for unmarried couples of any sex, which is equivalent to marriage in all but name. Homosexual couples have filed suit in other states to have their civil unions recognized as marriage, in the absence of civil union definition in their chosen state;
- The People of California voted in a similar amendment in 2000, in response to which the legislature created domestic partner legislation in defiance of popular mandate;
- Marriages in common-law *are* legal unions. A man and woman must live together, assume marital rights, duties, and obligations, and hold themselves out as and have acquired a uniform and general reputation as husband and wife in order to assume common-law status;
- Even in cases of “common-law” heterosexual unions, obtaining a marriage license is trivial and inexpensive, which should be no barrier to gaining the license;
- Amendment 3 will not deny protection for individuals under the Cohabitant Abuse Act;
- It will not impact private health insurance from private employers who choose to offer benefits to domestic partners;
- It will not have any effect on wills, trusts, or legal instruments;
- It only limits the ability of the courts to redefine marriage;
- Utah’s Consitutional Review Commission is not required to review current and proposed constitutional amendments.
Proponents of the legislation, in summary, consider it a necessary response to current threats to marriage in the U.S. It would not constrain the legislature from granting medical authority, inheritance, or other benefits to same-sex partners. According to proponents, the only valid reasons to oppose the proposed amendment are because one wishes to redefine marriage to include same-sex couples, or wants to create an alternative legal status meant to have the same effect as marriage.
As for how I intend to vote on Proposition 3?
None of your business 🙂 But it’s fun to talk about! Which side do you think has a more compelling case?