Gay rights group pushes laws based on LDS statement

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Could comments from the LDS Church following the victory in California's Proposition 8 battle royale lead to more lenient laws for gays in Utah?

In a statement released Nov. 5 after the passing of the California constitutional amendment restricting marriage to a man and woman, officials of The Church of Jesus Christ of Latter-day Saints said they do "not object to rights for same-sex couples regarding hospitalization and medical care, fair housing and employment rights, or probate rights."

The church encouraged its members to support California's Proposition 8 , and members donated volunteer hours and an estimated $25 million to the effort.

In answer to the Church's latest statemet, Equality Utah held a news conference Monday to announce legislation that would address those issues.

Several openly gay lawmakers attempted to pass similar legislation last year that died a quick death. That could change this January, said Sen. Scott McCoy, D-Salt Lake City.

"They hadn't said any of that yet. They've said that now," he said, comparing gay rights to the long process of passing hate crimes legislation in Utah. "We're at the beginning of the process here. ... If you don't start, you'll never get down the road."

The church declined to comment Monday on questions regarding tentative legislation or Equality Utah's news conference.

"What we've run up against is that oftentimes, legislators believe Amendment 3 has settled the whole issue about all things gay, when actually it was just about defining marriage," said Mike Thompson, executive director of Equality Utah.

That amendment was passed four years ago and restricts marriage to a man and a woman and stops any other union from giving "substantially equivalent legal effect."

Sen. John Valentine, R-Orem, said that if the LDS Church made clear its statements regarding same-sex rights, it could affect lawmaker reluctance.

"Equality Utah is probably correct in interpreting those statements from the church," he said. If the church does indeed agree that those are rights that should be allowed gay couples, "It would probably make it an easier argument than it would be without that."

McCoy said that even if the church makes clear its stance regarding gay rights, that doesn't mean things will change.

"I am not unaware that at times, the Utah Legislature tries to, what I call, 'Out-church the church,' " he said.

Valentine said there is already a process in place to allow a person to grant certain powers and resources to someone outside a traditional family.

Whether power of attorney or using a will, those documents trump blood relations, he said.

That said, those positions aren't taken for domestic partners by default.

"You have to kind of work at it in Utah," Valentine said.

Equality Utah's proposed legislation:

Hospitalization and medical care -- This bill will mandate that insurance plans, which extend benefits to an employee's spouse, also cover an employee's partner.

• Fair housing and employment -- The Fair Housing and Workplace bill will add sexual orientation and gender identity to the list of characteristics employers and landlords may not consider when making employment or housing decisions.

• Probate rights - wrongful death amendments ¬ -- This bill removes barriers to inheritance and insurance.

• Domestic partner rights and responsibilities act -- This bill creates a statewide domestic partner registry as exists in California and attaches rights of inheritance, insurance and fair housing.

• Repeal of part two of Utah's Amendment 3 -- A registry that covers inheritance, housing and insurance is not the legal equivalent of marriage. This bill will repeal the portion of Amendment 3 which states "no other domestic union, however denominated, may be recognized as marriage or be given the same or substantially equivalent legal effect."

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