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Gov. Olene Walker said decision will be made in voting booth
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Governor takes no stand on amendment banning same-sex marriage
Supports ban, concerned with impact on unmarried partners
Published Thursday, 02-Sep-2004 in issue 871
SALT LAKE CITY (AP) – Gov. Olene Walker has concerns about the proposed state constitutional amendment banning same-sex marriage, but has not decided how she will vote on it.
“I’ll make that decision when I get to the voting booth,” Walker said during her monthly KUED news conference.
The proposed amendment, which goes before voters in November, says: “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 effect.”
Her concerns are with the second part.
All three candidates for attorney general, including incumbent Republican Mark Shurtleff, oppose the amendment because of that provision, which they contend would bar the Legislature from ever extending even the most basic partnership rights to an unmarried couple, such as rights to hospital visitations, to emergency medical decision-making and to inheritance.
The amendment’s co-sponsors, state Sen. Chris Buttars, and state Rep. LaVar Christensen, both R-Salt Lake, contend the amendment does not prohibit same-sex couples and other unwed partners from making private agreements on such matters.
Walker said she still has to decide whether her belief in the definition of marriage as being between a man and a woman outweighs the “complex issues” raised by the second part of the amendment.
“You have to look at that and understand there probably will be fallout. There probably will be a lot of legal issues,” Walker said.
The attorney-general candidates, Shurtleff, Democrat Greg Skordas and Libertarian Andrew McCullough, contend that those “complex issues” mean the amendment, if passed, likely would face legal challenges.
Democratic gubernatorial candidate Scott Matheson Jr., dean of the University of Utah’s law school, said he agrees with the attorney-general candidates and fears the second part of the amendment would harm many Utah families.
His Republican opponent, Jon Huntsman Jr., said earlier that he supports the amendment against same-sex unions, but if he is elected, he would work with the Legislature to enact laws allowing life partners to have legal rights.
Shurtleff said the amendment would prohibit the Legislature from doing so.
Walker said she would have preferred simpler language, and she feels the proposed amendment should have been reviewed by the state’s Constitutional Revision Commission.
Christensen said the language was thoroughly debated by lawmakers who “made sure it carefully and adequately reinforces marriage and doesn’t deny rights to others, as is falsely alleged.”
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