“Stealth” Gay Rights Bill in Utah?
In other gay-related news, it seems as though a bill in the Utah legislature might give gay couples some of the protections of marriage, without actually mentioning gays and lesbians
In conservative Utah, a gay rights bill would most certainly go down to defeat. But, its supporters argue, who could oppose giving benefits to two aged siblings who depend on one another for support.
The legislation, written by Republican state Sen. Greg Bell, would allow unmarried adults who live together but are ineligible to marry in Utah to sign a contract legally establishing their relationship and granting the couple some rights assumed in marriage.
Even the title of the bill is innocuous - the “Mutual Dependence Benefits Contract”.
Under the legislation pairs who sign up would have the same rights as married couples in areas such as hospital visitation and end-of-life decisions.
It would also provide that if two people purchase a home together and one dies, the remaining person would have “survivorship”.
It will be interesting to see if this bill passes, and if same sex couples in the state take advantage of it. My guess is that they will if it passes. I can’t help wondering just how many other states there are where this might be a viable strategy to gain at least some of the protections of marriage. In more conservative states, this might be the best route to gaining some of those proections for our families sooner than otherwise likely.
On the other hand, some of the books I’ve been reading have me thinking about whether these sort of “marriage-lite” or marriage-like arrangements are a good idea or not. The question is whether these types of compromises drail the progress towards full marriage equality. I haven’t come down on one side or the other. I think in some ways that’s a good thing for gay & lesbian families to have at least some protections now, rather than waiting the 20 to 30 years it will probably take to get full marriage protection. On the other hand, it does still feel like stamping our relationships as being unequal and inferior to opposite sex relationships.
I’ve finished the Wolfson book, and have moved on to the Rauch book. I may do a review of both when I’m done, but there are one or two more that I’d like to read as well. So I may hold off on a review until I’ve finished them all.
December 21st, 2004 at 1:15 am
I don’t think taking advantage of these bills derails the fight for equality. Equal rights, as we’ve seen, don’t happen all at once, and it’s a good idea to protect yourself while you can.
December 21st, 2004 at 12:57 pm
This is a brilliant response to the gay movement’s failures in other places. If something like this can pass in Utah(!), and if we can take advantage of it, this would be a HUGE step towards getting what “we” want.
December 21st, 2004 at 5:12 pm
and yet, unfortunately, i think if the bill passes, it will be immediately challenged in court by the religious right organizations there (Gail Ruzicka of the Eagle Forum in Utah is an extreme version of Dobson and the Focus on the Family)
The second clause of the constitutional amendment passed last month in the state reads:
“No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.”
I have a sneaking suspicion that this law, even if passed, won’t survive a court challenge.
February 2nd, 2005 at 1:19 am
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