From the governor's race and legislative contests to the Iraqi war and tuition tax credits, the 2004 Legislature has been the most political in 20 years.

But there is a lot of disagreement as to what political messages are being sent.

Democrats have decried so-called "message bills," which they say tarnish Utah's image nationally and do little but curry favor with the far-right wing of the GOP.

"There are always message bills, but it's the sheer number of message bills this session that surprises me," said Senate Minority Whip Ron Allen, D-Stansbury Park. "And then there are the reactionary bills."

Even some GOP lawmakers are wondering out loud if maybe conservatives are going too far. This week, GOP and Democratic senators were openly laughing during the debate on a House resolution that praises President Bush's war efforts to deter weapons of mass destruction.

Meanwhile, Republican moderates in the House lamented that some of their bills were either delayed or killed by "retribution-minded" conservatives in the House and Senate.

All in all, there is simply no way to avoid the fact that much of the legislation passed by lawmakers every year is sending some kind of message, said Senate Majority Whip John Valentine, R-Orem — who Tuesday pushed through the Senate a "tough message" to the software industry to stop spying on those who use computers.

"Most legislation is trying to say that we as a democracy are trying to respond to the issues of the day," he said. "A representative government has to do that."

When gay rights became a national issue, it was inevitable it would become a Utah legislative issue as well, he said. And when the Parker Jensen case exploded on the public consciousness, it was a natural response for lawmakers to want to address the issues of parental rights vs. state-ordered child welfare.

Rep. LaVar Christensen, R-Draper, said in a recent debate on a constitutional amendment banning same-sex marriage that America would do well to follow Utah's moral leadership.

Some Americans and some judicial rulings, he said, have engaged in "moral relativism, turned separation of church and state on its head, taken God out of the picture."

Legal tab

But such talk — and legislation — will just end up costing Utah millions of dollars in legal fees, say Democrats.

This week Republicans, who argued that threats of legal action shouldn't deter them from taking a stand, approved a supplemental appropriation bill, HB1, that includes $791,000 for Attorney General Mark Shurtleff's office to pay outside legal counsel for lawsuits brought against laws passed by previous legislatures. It is yet to be seen what the tab will be for legal fees on bills passed this year, but opponents of bills further restricting abortions and gay rights and a host of other issues say they will sue the state.

Republicans insist they are just passing laws constituents want. And if they take stands — like against partial birth abortions, gay marriages or paycheck deductions for government employee political action committees — then so be it.

"We should be spending our time and money" on public education, Human Services and issues that matter to people, says House Minority Leader Brent Goodfellow, D-West Valley. "Not on stuff that just makes us look weird" to Utahns and outsiders alike, he adds.

Sen. Curt Bramble, a Provo Republican and sponsor of the abortion legislation, said Democrats have blown the image issue way out of proportion. Dozens and dozens of other states, as well as the federal government, have already passed or are debating similar abortion legislation and "defense of marriage" laws targeted at prohibiting gay marriages, he said.

Long-term battles

Some of the fights — like the House's battle of a tuition tax credit bill that was never actually voted on — were so bitter it may take years for feelings to heal in the 56-member GOP caucus.

"We fought over this last year," says one moderate Republican who felt "the cold shoulder" from fellow GOP lawmakers since moderates joined with House Democrats to keep Rep. Jim Ferrin's bill from a House vote. "But this year there was retribution."

Dozens of bills sponsored by moderates who dared to vote with the Democrats have been "delayed or killed."

House Speaker Marty Stephens, R-Farr West, is running for governor and is seen as one of the early leaders in the crowded GOP field. And Gov. Olene Walker, who succeeded former Gov. Mike Leavitt — who left for Washington, D.C., to run the Environmental Protection Agency — hasn't announced yet if she'll seek her own term this year.

The interplay has been fascinating for political junkies to watch. Stephens says he's doing nothing different this year, although every speech or vote is being interpreted through his gubernatorial lens.

The tuition tax credit fight — lost by conservatives, yet again — is just one example.

Stephens admits "it is very frustrating" for conservatives to lose the vote. "It has split our caucus," for the idea of parental choice is in the Utah and national Republican Party platforms, he says.

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"Tuition tax credits are impacting the governor's race," said one GOP legislator, who wondered if the leaders who couldn't get it passed in the House may be blamed for its failure in the May state GOP convention.

And some see the wounds as difficult to heal.

"I understand wanting to support the beliefs of your (party) delegates, but sometimes the tone was strange and disrespectful," Allen said. "And in this digital age, everything they say is transmitted around the world."


E-mail: bbjr@desnews.com; spang@desnews.com

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