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Senate panel advances bill to end alienation-of-affection tort, delays effective date
Summary
The Senate Judiciary Committee voted unanimously to advance a substitute that abolishes the civil tort of alienation of affection in Utah but delays the law's cutoff date to May 5, 2027, to give practitioners time to adjust. Supporters said the tort is antiquated and often used vindictively.
Senate Bill 109, sponsored by Senator Weiler, would eliminate the civil tort known as alienation of affection. Weiler told the committee the tort traces to an "offensive, outdated medieval concept" that treated women as property and that Utah was one of only a few states still recognizing the claim.
Weiler moved a substitute that pushes the cutoff for new claims to 05/05/2027 so pending filings and family-law practitioners would have time to adjust. "I was a little bit shocked to find out that Utah was only one of, like, six states that hadn't banned it," Weiler said during his presentation.
Marlise Jones, director of the Victim Services Commission, testified in support, saying the change can protect victims of domestic violence and address historic power imbalances in relationships. No public opposition was recorded during the committee's public-comment period on this item.
Senator McHale moved that the committee favorably recommend the first substitute; the committee approved the motion and recorded the committee vote as 6'to'0 in favor. Committee discussion noted the substitute could spur a temporary increase in filings before the new effective date but that long-term litigation of these cases is rare.
The measure will now proceed through the legislative process with the first-substitute language reflected in the bill.
The committee's action: first-substitute SB109 adopted as described and favorably recommended by a 6'to'0 committee vote.
