FAMILY LAW EXPERTS DEBATE OHIO AMENDMENT: From the Deseret Morning News

Family and constitutional law attorney Monte Stewart says opponents of a proposed state constitutional amendment to ban same-sex marriage are "not intellectually honest" in their argument that it goes too far.

"Amendment 3 does two things. No. 1, it nails down the long-held definition of a legal union of a man and a woman," Stewart said, speaking to members of the Family Law Section of the Utah State Bar on Friday. "It is a narrow and rigorous test of what constitutes counterfeit marriage."

Scott McCoy, head of the Don't Amend Alliance, countered that Stewart's arguments supporting the amendment, which will be on November's ballot, are "shortsighted."

"This is going to cause a lot more chaos and litigation than it's going to stop," McCoy said.

The Family Law Section's executive committee has voted to oppose Amendment 3. Friday's luncheon gave members of the entire section a chance to hear from both sides of the debate on areas concerning their practices.
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The discussion focused on the amendment's second sentence, which reads: "No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."

Speaking for a coalition of amendment supporters, Stewart said that if the amendment passes, the only relationship that could be declared unconstitutional or a "counterfeit marriage" is a legally recognized one that is based on a sexual relationship and is one that must "walk, talk and act like a marriage." ...

He said the amendment wouldn't prevent companies from providing health insurance coverage to dependents, or have any impact on the state's cohabitant abuse law.

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posted by Eve at 8:18 PM | link

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