Constitutional Law

Utah bill would declare marriage ordained by God

By By The Associated Press

SALT LAKE CITY ? A bill introduced in the Utah Legislature would define marriage in state law as existing between one man and one woman and supported by God.

The proposal reinforces the values of Utah residents but has no effect on current policies, said Rep. LaVar Christensen, R-Draper.

Gay-rights supporters, however, worry that the bill introduced Feb. 2 could prevent non-traditional families from receiving state services.

House Bill 270 says government services, publicly funded programs and laws should strengthen the traditional family whenever possible. Some of the language mirrors a proclamation from leaders of the Church of Jesus Christ of Latter-day Saints.

The bill would provide guidance, not a mandate, said Christensen, its sponsor. For example, assistance programs for single mothers would not be eliminated.

"Although we're stating our guiding principles ... we are, with great compassion and our combined resources, providing to help people with all of life's circumstances," he said.

Brandie Balken, Equality Utah executive director, said individual agencies would have to interpret the law and base decisions on a narrow definition of family. The law could restrict services and access to programs or serve as an argument against adoption by single people, Balken said.

The bill also says marriage between one man and one woman is supported by "the Laws of Nature and Nature's God, the Creator and Supreme Judge of the World."

Utah civil rights attorney Brian Barnard said such language was "totally out of line" and made the proposed law unconstitutional because it promotes a specific religious belief. "State statutes are not supposed to be a place for preaching or enacting religious beliefs," Barnard said.

Christensen said referencing God in state law did not pose a constitutional problem because of similar references in the Declaration of Independence and because of the national motto, "In God We Trust."

Marina Lowe, the legislative and policy counsel for the Utah chapter of the American Civil Liberties Union, said laws were different from historical documents. "Codification in law and may be viewed as a state endorsement of religion," she said.

Marriage is already defined in the state constitution as existing between one man and one woman. The Legislature has also passed multiple resolutions affirming the principles of marriage and morality. Putting similar language into state code is needed, however, because that's what is used to implement state policies, Christensen said.

"By putting it in code, you give it greater permanence," he said.

Full post as published by First Amendment Center on February 05, 2011 (boomark / email).