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| Bill Peterson (R-Sioux Falls), majority leader in the South Dakota House, said
he originally signed onto a bill that would ban gay unions, but changed his mind
because the measure also would have affected unions such as common law marriages
from other states.
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HOME > NEWS > LEGAL BRIEFS
COMMENTS
 
PIERRE, S.D. — A state legislative committee last week nixed a proposal
that would have banned recognition of civil unions and other “quasi-marital” relationships
in South Dakota, the Rapid City Journal reported. With 75 sponsors, the bill
had support from 71 percent of the state Legislature, which totals 105 members,
the newspaper reported. The measure stated: “The uniting of persons of
the same or opposite sex in a civil union, domestic partnership, or other similar
quasi-marital relationship is not valid and does not confer any legal benefit
or privilege of marriage allowed under state law,” the Journal reported. “There
are a lot of legal landmines in this language that affect not only gay and lesbian
couples but a lot of other relationships, a lot of other legal contracts,” House
Majority Leader Bill Peterson (R-Sioux Falls) said, according to the Journal.
Peterson said he “is significantly concerned about the state of marriage
in our country,” and therefore signed on as a sponsor of the bill, the
Journal reported. But he said more research led to his concerns that the bill
might conflict with protections in the federal Constitution, according to the
Journal.
MADISON, Wis. (AP) — Democratic state lawmakers introduced a bill last
week that would allow gay people to get married. The bill, introduced by Rep.
Mark Pocan and Sen. Fred Risser, both of Madison, would replace every reference
in current state law of “husband” and “wife” to “spouse.” Risser
said the bill would restore gays’ civil rights and wouldn’t detract
from traditional marriages. Pocan and Risser said they planned to begin circulating
the bill for co-sponsors. Pocan said he doubted the bill would come before
the Legislature before its current session ends in March, but would at least
add to the debate over gay marriage. The Massachusetts Supreme Court ruled
earlier this month that only full marriage rights for gay couples are constitutional
in that state. The ruling has no effect on Wisconsin law, but Wisconsin Republicans
have said they would push an amendment to the state Constitution that would
define marriage as a union between a man and a woman.
BOISE, Idaho (AP) — A move to constitutionally ban gay marriages passed
the Idaho House 53-17 last week after just 20 minutes of debate, clearing the
first of three main hurdles needed to change the heart of the state’s
laws. The bill would change the Idaho Constitution to say that the only marriage
recognized by the state would be between one man and one woman, even though
that already is prescribed in state law and would give it no further legal
standing. Four Republicans joined 13 Democrats against the measure. Three Democrats
sided with 50 Republicans to pass it. Debate in favor of the amendment was
led by Republican Rep. Henry Kulczyk of Eagle and floor leader Lawrence Denney
of Midvale. Kulczyk argued that Idaho needs the measure to protect the state
against “judicial activism” in states like Massachusetts.
SALT LAKE CITY (AP) — The Utah Senate last week unanimously passed a
48-page bill that would amend, repeal or enact 121 different sections in the
Utah Code redefining the legal rights of a mother, father and child. The Uniform
Parentage Act’s sponsor Sen. Lyle Hillyard (R-Logan) said the bill is
needed to replace parts of a 14-year-old surrogacy law struck down by a federal
judge last year. Under current law, it is a class B misdemeanor to contract
with a woman to carry a child for profit. The law also requires the name of
the surrogate be listed on a birth certificate as the legal mother. Hillyard’s
bill would change that to allow married couples that are unable to have a child
to pay a surrogate and be recorded as the legal parents. But couples arranging
a surrogate pregnancy must be married, excluding cohabiting and gay couples.
ATLANTA (AP) — The state Senate on Monday approved a constitutional amendment
that would ban gay marriage in Georgia. The vote, which required a two-thirds
majority of the chamber, narrowly passed 40-14 and now goes to the House. If
approved in that chamber, it would be on election ballots in November. The
resolution, sponsored by Sen. Mike Crotts, (R-Conyers), calls for changing
the state Constitution to define marriage as only a union between a man and
a woman. Same-sex marriage is already illegal in Georgia. But supporters of
the resolution say adding the same language to the Constitution will better
protect the state from lawsuits or judges’ decisions in other states. “Based
on what’s happening all over the country right now, I think it’s
very likely we would see that,” Crotts said.
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