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Utah Senate advances bill to create low‑cost 'mutual dependent benefits' contracts after heated debate

Utah State Senate · January 28, 2005
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Summary

After extended debate over whether it conflicts with the state—s marriage amendment, the Utah Senate adopted an amendment and voted to advance Senate Bill 89 — a statute creating a simple, Department of Health certificate allowing two adults not eligible for marriage to allocate limited medical, visitation and narrow property authorities — to the third‑reading calendar.

Senator Derek Bell, sponsor of Senate Bill 89, told the Senate on Jan. 27 that the bill would create a simple, low‑cost process for two adults "not eligible for marriage" to document limited rights such as hospital visitation, certain medical‑decision authority, disposition of remains and narrow organ‑donation directions. "You can go to the health department, make that check a box, get a certificate," Bell said, describing the certificate as affordable (he estimated about $20) and administratively straightforward.

The bill prompted sharp questions about its relationship to Amendment 3 (the state constitutional provision defining marriage as the legal union of a man and a woman and prohibiting equivalent domestic unions). Senator Bill Bramble said he could not support SB89 because, he argued, it appears to sanction arrangements that the constitutional…

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