SLC domestic partnership registry: Legislature may scuttle move hailed by gays
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated.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.

Salt Lake City has fired a booming shot on behalf of same-sex and other domestic partners' right to receive insurance benefits. But the Utah Legislature is reloading - with the progressive capital squarely in its sights.

In a historic vote Tuesday, the City Council unanimously approved Mayor Ralph Becker's domestic-partnership registry - the first of its kind in the Beehive State - drawing a whoop and applause from a modest crowd at City Hall.

"It's a proud day for our city," beamed Councilman J.T. Martin.

But the move hailed by gay-rights activists faces an uncertain future. Conservative Sen. Chris Buttars, R-West Jordan, has introduced a bill to block the registry before it ever gets posted. And SB267 doesn't stop there. Executives from Becker's office say Buttars' bill also could wipe away the capital's adult-designee ordinance, which provides health-care benefits for city employees who are domestic partners.

"There's some pretty direct, harsh stuff in there," said Becker, the former House minority leader, who pledged to return to Capitol Hill to stop Buttars' bill.

"I'll work it," the mayor said. "I'm not afraid to go up there."

Council members say they are in negotiation with Buttars and other state lawmakers to find some compromise. And since the bill "just popped up," Becker says he does not know how Republican leadership or the rank and file will act.

Meanwhile, council members insist the registry - it applies only to residents of Salt Lake City - does not violate Amendment 3 by establishing marriage or by creating a second class of relationships.

"It doesn't change state law. It doesn't amend state law," said Councilman Eric Jergensen. The registry, he added, simply provides a mechanism for employers to provide benefits to people who work for them. "I don't know, frankly, what could be wrong with that."

Council members note city attorneys were careful to craft language that does not run afoul of Amendment 3, the provision of the Utah Constitution that prohibits same-sex marriage. And they say the registry is a "logical extension" of the city's adult-designee measure.

"This is a complementary ordinance that recognizes families and support systems don't always come in one package," said Council Chairwoman Jill Remington Love, who made Tuesday's motion.

During a brief public hearing, a handful of residents backed the move, including openly gay Rep. Jackie Biskupski, D-Salt Lake City, who urged the council to send a clear message to the Legislature.

"Your words are very important," she said. "It is a greatly needed step in the right direction."

Capital resident Glenden Brown encouraged the council to "listen to the voice of the people, and ignore the voices of the state Legislature."

And Michael Fife said the move will help bridge the city's "empathy deficit."

"Too many times we look at a black or a gay or a BYU fan and we don't have enough empathy," he joked. Then, more seriously, he said the registry "is a good step on that path."

Before the vote, the council added a six-month moratorium before residents could re-register after a termination. But members stopped short of requiring a waiting period.

Becker says the index would afford visitation rights when a domestic partner is in a hospital or clinic as well as cut down on health-insurance fraud. And he argues the catalog will save businesses time and money, while creating a way for the city to recognize same-sex, familial and other relationships of mutual support, caring and commitment.

The only criticism Tuesday came from Councilman Carlton Christensen, who voted for the measure nonetheless. Christensen wondered aloud whether the move was appropriate for local government, suggesting it may come with a cost.

"I worry a little bit in our rush to pass this that we may unleash the flood of unintended consequences," he said. "But I'm not smart enough to know what those are."

djensen@sltrib.com

What is the registry?

* An index that would serve as a catalog of city residents, either same-sex couples or otherwise, who can add their names as long as they provide proof that they cohabitate and rely on one another as dependents.

* The voluntary registry would serve as a resource for businesses when determining whether to issue insurance benefits.

What about Buttars' bill?

SB267, authored by Sen. Chris Buttars, R-West Jordan, prohibits county and municipal legislative bodies from creating or establishing a registry or any other means to define, identify, or recognize a domestic partnership, civil union, or other domestic relationship other than marriage for any purpose. It also invalidates any ordinance, resolution, rule, regulation or other action of a county or city in violation of the prohibition.

If passed, Buttars' bill would prohibit domestic partners from granting a right to health care visitation or granting "any other right or benefit."

What's next

The registry, which would be administered by the City Recorder's Office, would be available to eligible residents as soon as the paperwork could be processed - likely later this month. One insider suggested, half-jokingly, that it could be ready by Valentine's Day. Ultimately, the registry's fate won't be known until the end of the 2008 legislative session.

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