Taxation & Estate Planning

Utah, the LDS, and Probate Rights

By Joel A. Schoenmeyer

Is everyone recovering from election fever? Pretty amazing, isn't it, that a Chicago-based attorney, formerly of Sidley & Austin, can become president? Maybe there's hope for me yet!

In addition to the main event, there were a lot of other issues (and candidates) put before the public last Tuesday. One of the most widely-covered was California's Proposition 8, which would amend the state's constitution to define marriage as being between a man and a woman.

Among the groups supporting Proposition 8 (which passed, barely): the Church of Jesus Christ of Latter-Day Saints (aka the Mormons). Evidently the Church, in advancing its position re. gay marriage, indicated support for other types of civil union-like benefits for gay couples. Now some folks in favor of gay marriage (a group called Equality Utah) are trying to hold the Church to its stated positions, on its home turf (see this article):

"While we disagree with the LDS Church's position on Proposition 8, we respect that their position is based on the guiding principles of their faith," [Equality Utah chairwoman Stephanie Pappas] said. "Throughout the campaign, while the LDS Church stated its support of [Proposition 8], it also made repeated comments that the church 'does not object to rights for same-sex couples regarding hospitalization and medical care, fair housing and employment rights, or probate rights.'

"Just last week, Elder L. Whitney Clayton stated the LDS Church does not oppose 'civil union or domestic partnerships,' " Pappas said. "We are taking the LDS Church at its word."

As Ms. Pappas indicates, Equality Utah is proposing new legislation in the above areas, including probate. Unfortunately, I can't locate the text of this legislation online; if I do, I'll post it.

Full post as published by Death and Taxes Blog on November 11, 2008 (boomark / email).