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Richard Piatt reportingThere has been a flurry of ceremonies since the California Supreme Court enabled a law that allows same-sex marriages. So, are those marriages valid in Utah?
The short answer: No. Those California, or Massachusetts, or Vermont same-sex marriages are not legally recognized in Utah.
There are a couple reasons for that. One is Utah's voter-approved constitutional amendment on marriage, passed in 2004. Another is the Federal Defense of Marriage Act, which says states don't have to recognize a marriage from another state.
In other words, California's marriage law is based on California's constitution, not Utah's. "The California decision is unique and wouldn't apply in Utah. It's a case of activist judges on the Supreme Court of California interpreting the California Constitution in a way the people would never sanction," said former Rep. LaVar Christensen, who supported Utah's marriage amendment.
Gay groups admit it is going to take an extended legal fight, and probably a Supreme Court decision, to decide the matter. In fact, national gay rights groups are urging the community not to sue, saying they want people to "make change, not lawsuits."
Sen. Scott McCoy, who opposed Utah's marriage amendment, said, "[We want to] show people that our relationships really are, quite frankly, quite similar to their own, and that it makes sense that our relationships should be recognized legally."
Over time it's probably inevitable that there will be a Supreme Court challenge to the definition of marriage. But both pro- and anti-gay marriage activists agree that will probably take many years to come to that point.
E-mail: rpiatt@ksl.com
