Common Ground

During and following California's Proposition 8 campaign, the LDS Church declared that it is not 'anti-gay' and "does not object to rights for same-sex couples regarding hospitalization and medical care, fair housing and employment rights, or probate rights."  On November 5th, Elder L. Whitney Clayton stated that the LDS Church does not oppose "civil unions or domestic partnerships."  These stances by the Church of Jesus Christ of Latter Day Saints seem very reasonable to me.  Naturally, I would prefer even more liberal positions, but I recognize that pragmatism and reasonable compromise are at the heart of productive debate and peaceful society.  I am very pleased that the LDS Church has made these statements.  They seem very fair   to me.   I do not take them as a developing approval, rather I take them as a maturing of the Church that understands that we live in an increasingly diverse world, a maturing that understands that reasonable compromise without betraying principles is possible.  Kudos to the LDS Church.

Six bills have or will be introduced in the 2009 General Session of the Utah Legislature by Equality Utah, Utah's GLBT PAC.  They address the following:

a)  expanding health care to mandate extension of benefits to non-married partners.

b) making it illegal to fire or deny employment based on sexual orientation or gender identity in non-religiously based employment fields.

c) making it illegal to deny public housing or to evict based uniquely on sexual orientation or gender identity in non-co-habitated units (apartments or rooms in, attached to, or on the property of one's own home).  Religious housing would be excluded from the law.  

d) including partners in wrongful death legal concerns (thus removing existing barriers to inheritance and insurance claims).

e) creating a domestic partnership registry that will attach rights of inheritance, insurance, and fair housing while assigning legal responsibilities to partners (responsibilities currently do not legally exist).  

f)  clarifying Amendment 3 - Amendment 3 has been interpreted by many in power as a rejection of all the above efforts.  

Lynn Wardle, a law professor at BYU who supports Amendment 3, said that the amendment was "drafted very carefully to allow the extension of certain benefits, just not a substantial equivalent of marriage" and "...the principle that you can't give any particular benefit [to unmarried partners] without violating Amendement 3 is erroneous."  However, Wardle is nervous about f above.  

Unfortunately, the Sutherland Institute (an extreme right-wing think tank in Salt Lake City) and the Eagle Forum ignore good reason and are pushing for the defeat of all six of the above bills.   They fear that allowing any compromise whatsoever engages Utah onto the slippery slope of a court ruling that would legalize same-sex marriage.  

This is a fear that is not reasonable.  In order to repeal Amendment 3, 2 thirds of the the Utah Legislature would have to vote to repeal and a majority of Utah voters would have to vote to repeal.  It is very obvious that this will not happen.  

When you contact your representatives and senators, and I hope that you do on occasion, I hope that you will be supportive of the the church's position.  These initiatives may well bite the dust this year, I hope not (well d did not make it out of committee), but if they do, they will be re-introduced in coming years.  I hope that you will bear them in mind as you participate in our democracy.