c. 2008 Religion News Service
WASHINGTON _ The day after California voters approved a constitutional ban on same-sex marriage, the Church of Jesus Christ of Latter-day Saints said it would not object to certain rights for same-sex couples.
A Utah gay-rights organization has seized on that and other statements by church leaders and is hoping Mormons will support _ or at least not actively oppose _ limited legal benefits for gay and lesbian partnerships.
Though the church has not directly responded, the request from Equality Utah reflects what gay rights groups view as common ground beyond a divisive argument over the term “marriage” to a conversation about medical, employment and housing issues.
Mormons contributed an estimated $22 million to overturning California’s gay-marriage law. That investment reflects the Salt Lake City-based church’s ability to mobilize members to influence a legislative agenda, but has also made it the target of angry protests by gay groups.
While some religious groups remain adamantly opposed to gay marriage and same-sex unions of other sorts, experts say legislative measures could move opposing sides away from a standstill.
“I don’t think everybody in this debate is malicious by any means,” said Robin Fretwell Wilson, co-editor of the new book, “Same-Sex Marriage and Religious Liberty: Emerging Conflicts.”
“One thing that people of good will can do, whether they agree with the label of marriage for couples that presently exists, is still to say that couples have needs, and to address those needs through some kind of legislation.”
Equality Utah followed that line of reasoning when it held a Nov. 10 news conference after the Mormon church said it “does not object to rights for same-sex couples regarding hospitalization and medical care, fair housing and employment rights, or probate rights, so long as these do not infringe on the integrity of the traditional family or the constitutional rights of churches.”
In response, Equality Utah has urged the church to support legislation on medical care, housing, probate rights, and insurance.
“It’s an opportunity for us, hopefully, to advance our legislation if there’s not direct opposition from the church,” said Mike Thompson, executive director of Equality Utah. “That is what is yet to be determined.”
So far, Mormon leaders aren’t commenting specifically on the request.
“There’s a great deal of grandstanding going on,” said church spokesman Michael Otterson. “The position of the church on civil unions _ first of all, it’s a very complicated matter. There’s a lot of variation from state to state.”
Two years ago, there was a glimpse of possible common ground when Focus on the Family, the Colorado-based organization known to oppose gay marriage, supported a 2006 state law that would have aided gay couples and other adults seeking benefits outside a traditional marital relationship.
“Focus very definitely believes that people should be able to care for their loved ones and so we didn’t see a problem (the state law) because … it was not specific to intimate relationships,” said Jenny Tyree, a marriage analyst with Focus on the Family.
“I’m not familiar with the exact details of what is in dispute in Utah. But Focus would, of course, not support legislation that mirrored marriage.”
Wendy Wright, president of Concerned Women for America, said her organization still opposes civil unions and gay marriage. She believes the benefits sought through legislation are already available through medical directives and wills.
“You can write your medical directive now in about as much time as it will take to fill out paperwork for a domestic partnership,” she said. “The current state of affairs is not denying anyone anything.”
Wilson, a professor of law at Washington and Lee University and an expert in both family and health care law, said: “It’s way more complicated on the ground, at a hospital.”
She cited the example of a gay man who may have been injured in a motorcycle accident who might want his partner to share in medical decisions but has not revealed his sexual orientation to his parents, who could claim legal status as immediate relatives.
Gay organizations applaud Equality Utah’s proposals and hope it will be an additional way to continue their work to find areas of agreement with religious groups.
“It’s a case of a state group deciding there are still ways we can offer protections to people and ways we can protect family short of marriage, marriage being the ideal,” said Toni Broaddus, executive director of Equality Federation, a San Francisco-based alliance of state-based gay advocacy organizations.
Harry Knox, director of the Human Rights Campaign’s Religion and Faith Program, said his organization is seeking religious support from members of the United Methodist Church, the Presbyterian Church (USA) and the Evangelical Lutheran Church in America who have endorsed the proposed federal Employment Non-Discrimination Act.
“We are urging them through a number of different venues to act on that support by actively lobbying their members of Congress for a fully inclusive version of that bill,” he said.
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