NORTH DAKOTA ATTY GENERAL SAYS MARRIAGE AMENDMENT UNCLEAR: From the Associated Press

North Dakota's proposed marriage amendment to the state constitution is unclear about whether it affects job benefits for unmarried couples, Attorney General Wayne Stenehjem says.

A spokeswoman for supporters of the amendment said Thursday the change would not bar companies from giving benefits to anyone. It is a "smokescreen" to suggest that it would, said Christina Kindel, director of the North Dakota Family Alliance.

The amendment, which is on North Dakota's Nov. 2 general election ballot, limits marriage rights to man-woman couples. Its second sentence says: "No other domestic union, however denominated, may be recognized as a marriage, or given the same or substantially equivalent legal effect."

State Rep. Mary Ekstrom, D-Fargo, asked Stenehjem for a legal opinion about whether the amendment would bar companies that give benefits to married couples from giving them to same-sex partners, or unmarried heterosexual couples who are living together. ...

Stenehjem's opinion, issued Thursday, said the amendment "does not specifically prohibit a North Dakota company from extending employment benefits to same-sex couples, or cohabiting heterosexual couples. However, that is not to say that may not be the intent of the proponents of this measure, or the people when voting upon it.

"In the absence of evidence of the intent of this measure, it would be difficult for this office, or a court, to construe it at this time," Stenehjem wrote.

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posted by Eve at 8:21 PM VOTE

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