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Common ground
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

When two persons -- male or female, gay or straight, married or unmarried -- depend on each other financially and make a life together, they should be accorded certain rights and protections based on that relationship. But too often, a marriage license bestows favored status under Utah law, effectively discriminating against less-conventional pairings.

Fairness. That's all the sponsors and supporters of Equality Utah's Common Ground Initiative, a package of six bills that would extend those basic rights and protections to members of all partnerships, hope to achieve. The first of those bills -- and the least controversial because it does not apply exclusively to gays -- received a favorable recommendation in a 10-4 vote by a Utah Senate committee this week.

The measure extends the right to sue to financially dependent members of non-nuclear families -- same-sex partners, grandmother-grandson, etc. -- in the event of a wrongful death. So long as one individual designates another as a wrongful death heir in a legal document, and a court determines that they had a mutually supportive and dependent relationship, they would be given standing in a lawsuit.

It's the most benign of the bills, but still, conservative activists, who view non-conventional partnerships as a threat to traditional male-female marriages, raised objections. And they won concessions that, unfortunately, portend rough sailing for the remaining Common Ground bills: protections against discrimination in housing and employment for gay, lesbian and transgender people, a statewide domestic partner registry, spousal coverage for domestic partners in insurance plans, and giving voters the chance to amend the second part of Utah Constitutional Amendment 3, which, a court could determine, nullifies all of the above.

Before the vote, committee members added language that deferred to Amendment 3, a ban on formal same-sex marriages (part one), as well as (part two) "domestic unions" that provide the "substantially equivalent legal effect" of a marriage. The committee amended the bill to read that a financially dependent relationship "cannot be construed" as the equivalent of a marriage or civil union. And that concession does not bode well for the rest of the package, particularly the constitutional amendment.

While this newspaper does not support same-sex marriages, and we'll reserve final judgment until all of the bills are drafted, none of these proposals appears to pose a threat to traditional marriages. They would merely extend basic rights to all individuals. Fair is fair. And the Legislature shouldn't stand in the way.

It's the commitment that counts
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