Date: Tue, 21 Feb 1995 16:23:43 -0500
From: DavidN1327@aol.com

The following is the complete Utah Office of Legislative Research and General
Counsel Legislative Review Letter (Form 8-90) which was published on Feb. 14
by staff attorney Janetha W. Hancock about Utah H.B. 366, "Recognition of
Marriages," which would ban recognition of same-sex marriages regardless of
where the marriages are performed (brackets indicate handwritten or
typewritten marks and comments).

***

STATE OF UTAH
OFFICE OF LEGISLATIVE RESEARCH AND GENERAL COUNSEL
LEGISLATIVE REVIEW LETTER

Date: [Feb 14] 19[95] [General] SESSION

[HB] No. [366]

Title [Recognition of Marriages]

[Rep Norm Nielsen]

Joint Rule 4.22 requires the Legislative General Counsel or his deignee to
review and approve all legislation and, with the approval of the sponsor, to
make those changes necessary to: (a) insure that it is proper legal form; (b)
remove any ambiguities; and (c) avoid constitutional or statutory conflicts.

The Legislative General Counsel or his designee has reviewed and approved
this legislation. The following outlines the consideration on which the
approval was given.

[X] YES NO -- 1. The bill contains a "single subject" which is clearly
expressed in the title as required by the Utah Constitution, Article VI, Sec.
22.

[X] YES NO -- 2. The bill meets all the form requirements prescribed by
legislative rule.

NO CONFLICTS -- 3. The bill does not have state or federal constitutional
conflicts (Judgments regarding constitutionality address only obvious
constitutional problems and do not represent a detailed review of all
issues.)

[X] POSSIBLE CONFLICTS -- Explanation (Cite known constitutional or statutory
conflicts or problems.)

[Possible due process issues since marriage is a fundamental constitutional
right, but there are strong arguments that the state's interest outweighs any
infringement.]

[Janetha W. Hancock]
Office of Legislative Research and General Counsel

436 State Capitol - Salt Lake City, Utah 84114 - (801)538-1032