Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Marriage Recognition Policy topic
No spam. Unsubscribe anytime.
Utah Senate passes marriage recognition policy after heated debate over explicit phrasing
Summary
The Utah Senate passed First Substitute Senate Bill 24, a marriage recognition policy, after a lengthy floor debate and a failed amendment that would have changed language from “a man and a woman” to explicitly read “1 man and 1 woman.” Supporters said the bill reaffirms state policy; critics warned it could invite litigation.
The Utah Senate on Jan. 30 passed First Substitute Senate Bill 24, the marriage recognition policy sponsored by Senator Butters, after extended debate over an amendment that would have inserted the phrase "1 man and 1 woman" in three places in the bill.
The amendment, offered by Senator Maine, was framed by its proponents as a clarification. Maine argued the change would make the bill "absolutely certain" about the body's position: "I think that this is a very, very important amendment to this piece of legislation. It clarifies and it makes absolutely certain that this body is going on record as supporting the marriage as defined as 1 man and 1 woman," he said.
Sponsor Senator Butters opposed the amendment, saying the bill as drafted already accomplishes the policy goal and that added wording risked unnecessary legal exposure: "I oppose this amendment," he said, asking colleagues to support the main bill instead.
Opponents raised legal concerns and cautioned against introducing language that could create new vulnerabilities in court. Senator Aaron cited federal precedents and said he feared the state was buying litigation: "I feel like we should take the bill and just staple a check to the ACLU on it," he said, referencing potential constitutional challenges.
Senators debated whether the change gained anything legally; some members called the amendment a "tempest in a teapot," while others said the explicit phrasing would close a perceived loophole related to polygamy. Multiple senators noted Utah law and the state constitution already prohibit polygamy, a point raised by the sponsor during debate.
After debate and a recorded vote, the amendment failed. The Senate then proceeded to a final vote on the first substitute of SB24; the presiding officer announced the bill passed and will be referred to the House for further consideration (the roll call as recorded in the transcript indicates 24 ayes, 4 nays, 1 absent). The sponsor closed by urging colleagues to send the policy forward and offered to work with legal staff on any clarifications.
The debate centered narrowly on wording—whether adding a numeric "1" would change the legal effect of phrases already written—and lawmakers from both sides emphasized that the floor discussion did not alter Utah's existing constitutional prohibition on polygamy. The Senate's action sends SB24 to the House next, where further consideration and any additional changes could occur.
