Commentary

Utah’s LGBT rights bill is a trojan horse for the religious right’s agenda

Utah’s LGBT rights bill is a trojan horse for the religious right’s agenda
The Mormon-church-backed anti-discrimination bill that protects LGBT Utah residents and religious rights received final approval at the state's Republican-controlled Legislature on Wednesday, and was signed Thursday evening by Gov. Gary Herbert.
The Mormon-church-backed anti-discrimination bill that protects LGBT Utah residents and religious rights received final approval at the state’s Republican-controlled Legislature on Wednesday, and was signed Thursday evening by Gov. Gary Herbert. Scott G Winterton, The Deseret News (AP)

There were both cheers and tears as many in the Utah LGBTQ community celebrated the passage of a workplace and housing nondiscrimination law in the conservative Utah legislature.

But behind closed doors, I suspect it’s actually the leaders of the Religious Right who are cheering the hardest.

As someone who began as an activist in the Utah LGBTQ community, and fought for years alongside countless others for full workplace and housing protections, I was overjoyed at the possibility that 2015 might finally be the year we stepped closer to equality.

Too many LGBTQ Utahns, myself included, have faced that discrimination firsthand. But once the legislation was unveiled, my heart sank. While there is much to be happy with in the legislation, and the protections it offers to some of the most vulnerable citizens in the Beehive State, the law also contains a tiny Trojan Horse individual religious exemptions clause.

The Utah bill is being called a “model” to be used in states around the nation, but we must be forewarned. The individual religious exemption in the law, as small and seemingly noninvasive as it is, could put the civil liberties of everyone at stake for decades to come.

Religious freedom is important, and as a principle has existed since before the writing of the U.S. Constitution. The 13 original colonies were a fractured bunch of near-theocracies, with various Christian sects dominating different colonies—to the detriment of anyone not a member of the particular sect in power locally.

Thanks to the wisdom of Thomas Jefferson and James Madison, the principle of religious freedom in the Constitution set in motion of the disestablishment of the state churches, and the advantages they held in the public sphere. Jefferson’s famous Virginia Statute for Religious Freedom, which predated the Constitution and was the first such law to be enacted in the world, said one’s beliefs or non-beliefs cannot “enhance, diminish, or impact” one’s “civil capacity.”

Individuals were shielded from the tyranny of churches who had previously sought to force them to adhere to their beliefs, and religions were shielded from governments elevating one religion over another.

It has taken us a long time to make it work and, in truth, we are still working on it.

Continue reading

[ Previous ]

But the Religious Right has launched a campaign to redefine the meaning of religious liberty, stripping away those protections and once again giving religions the power to circumscribe the rights of individual conscience.

Dallin H. Oaks
Dallin H. Oaks

This coalition, led by right-wing groups such as Alliance Defending Freedom (formerly known as Alliance Defense Fund), the Becket Fund for Religious Liberty, and Liberty Counsel, is systematically working the courts and state legislatures to enact religious exemptions—essentially a right of religious institutions and individuals to decide which laws they will or will not follow.

In practical terms, this could play out as a business owner invoking faith to deny service to a LGBTQ couple, or refusing to hire Jewish employees. Or a man refusing to promote women to managerial positions because he doesn’t believe men should be subservient to women. We cannot allow such freedom of conscience to become a legal sanction for these and other forms of discrimination.

One of the Religious Right leaders heavily involved in this campaign is Dallin H. Oaks, one of the Church of Jesus Christ of Latter Day Saints’ (Mormon) senior leaders and member of their Quorum of 12 Apostles.

The Mormon church frequently finds itself at odds with members of other faiths who don’t believe it to be a true Christian religion. However, unlike some of his brethren in the all-male leadership, Oaks is deeply involved in the work with the Religious Right. He sits on the board of the international culture warring organization World Congress of Families. He received the 2013 “Canterbury Medal” for his “defense of religious liberty from the Becket Fund.

Article continues below

In speeches before conservative groups, Oaks frequently extols the benefits of individuals being able to using their faith as an excuse to dodge pesky civil rights laws.

That’s why, when just a few weeks ago Oaks held a press conference to announce that he and the Mormon church were ready to endorse a statewide nondiscrimination law for LGBTQ people if only the leaders of the local LGBTQ community would sit down and negotiate a “compromise,” many were suspicious.

Oaks was up front about what he was looking for. He and other leaders of the Mormon church enumerated the religious exemptions they wanted included with a nondiscrimination law, including a right for government and health care workers to deny service to LGBTQ people.

Continue reading

Utah
Elder D. Todd Christofferson, left, and Elder L. Tom Perry, center, of the Church of Jesus Christ of Latter-day Saints Quorum of the Twelve Apostles talk with each other as Sen. Jim Dabakis, D-Salt Lake City, speaks after Utah lawmakers introduced a landmark anti-discrimination bill that protects LGBT individuals while also carving out protections for the Boy Scouts of America and religious groups during a news conference at the Utah State Capitol Wednesday, March 4, 2015, in Salt Lake City. Rick Bowmer, AP

[ Previous ]

SB296, the bill that resulted from those negotiations, was hailed by equality groups and the Mormon church as a “historic compromise” of nondiscrimination and religious freedom. The bill does indeed ban workplace and housing discrimination against LGBTQ people in Utah. But buried underneath those important protections, is a small clause guaranteeing the right of individuals to express faith-based anti-LGBTQ views at work.

It’s a small exemption. Seemingly inconsequential in comparison to the benefits the new law could bring. Viewed purely as a standalone piece of legislation, SB296 does a lot more good than bad and it’s unsurprising to see so many social justice-minded people supporting it.

But the equality movement cannot survive if we view legislation through a short-term and narrow lens. To do so is to ignore the context of the long-term consequences of the Religious Right’s national agenda—which only needs to get a foot in the door to get the ball rolling.

Oaks’ goal with the nondiscrimination law was not to pass full individual religious exemptions all at once. To use the analogy of the unfortunate amphibian, the frog will jump out of the pot if put directly into boiling water. But turn the heat up slowly, and the frog cooked to death.

For the LGBTQ community to endorse the Religious Right’s corrupt redefined version of religious freedom, even in this one seemingly minor way, opens the door for the expansion of religious exemptions in both breadth and number.

Article continues below

And as if to confirm this suspicion as quickly as possible, within two hours of the “compromise” SB296 passing the Utah legislature, conservatives in the Utah House of Representatives had also passed two other bills that had not been part of the negotiations: one granting county clerks the right to refuse to perform any marriage they opposed on religious grounds, and the other paving the way for full individual religious exemptions in the public marketplace.

It’s a victory for the Right not only in the success of imposing their agenda into law, but in winning the larger PR battle at a critical moment in time.

As I discussed in Resisting the Rainbow: Right-Wing Responses to LGBTQ Gains, the Mormon church has only ever given in to pressure by the LGBTQ community when its back is against the wall in a public relations battle.

Continue reading

After signing it, Gov. Gary Herbert holds up a copy of a bill at the Capitol, Thursday, March 12, 2015, in Salt Lake City. The bill that protects Utah's LGBT residents while also ensuring religious rights became law amid a cheering crowd that contained both clergy and gay rights activists.
After signing it, Gov. Gary Herbert holds up a copy of a bill at the Capitol, Thursday, March 12, 2015, in Salt Lake City. The bill that protects Utah’s LGBT residents while also ensuring religious rights became law amid a cheering crowd that contained both clergy and gay rights activists. Chris Detrick, The Salt Lake Tribune (AP)

[ Previous ]

After months of heavy protesting over their involvement in California’s Prop 8, they endorsed a municipal nondiscrimination law in Salt Lake City in 2009. In 2010, after 2nd-in-command Mormon leader Boyd K. Packer claimed that there was no way God would allow people to be born gay, protests around the church’s headquarters garnered international attention and prompted Packer’s comments to be officially stricken from the church’s records.

So why did the Mormon church unexpectedly come to the table? Could it be a delayed response to their highly-publicized excommunication of faithful feminist members for asking for a public discussion about why the patriarchal church does not allow female leadership? Unlikely, that was months ago and the discussion has largely died down.

A more plausible explanation is the forthcoming World Congress of Families (WCF) event scheduled for Salt Lake City in October.

Article continues below

The international coalition of U.S. culture warriors held a conference last year in Moscow — their name was removed just before the conference started to prevent negative publicity over the situation in Ukraine — where attendees unanimously voted to urge their home countries — like the United States — to pass laws modeled on the Russian anti-LGBTQ law. (That law criminalizes any positive speech about LGBTQ people under the guise of protecting children from “propaganda.”)

WCF attendees and other U.S. conservatives, such as Rick Warren, Sharon Slater, Brian Brown and others, are known around the world for their work in exporting the culture wars abroad, which has resulted in outcomes like the “kill the gays” bill in Uganda.

Dallin H. Oaks is a member of the WCF board of directors.

Thanks to Oaks’ work in helping to pass the “compromise” legislation, the WCF and the Religious Right’s goal of codifying their redefined version of religious freedom into law has taken a giant step forward. Once Pandora’s Box is opened, there’s no shutting it.

Opinions and advice expressed in our Views & Voices columns represent the author's or publication's own views and not necessarily those of LGBTQ Nation. We welcome opposing views and diverse perspectives. To submit a article, column or video, contact us here. Due to the volume of submissions received, we cannot guarantee publication, however you are invited to express your opinion in the comment section below.
Don't forget to share:

Support vital LGBTQ+ journalism

Reader contributions help keep LGBTQ Nation free, so that queer people get the news they need, with stories that mainstream media often leaves out. Can you contribute today?

Cancel anytime · Proudly LGBTQ+ owned and operated

Second gay rights group to march in Boston St. Patrick’s parade

Previous article

IKEA stops online Russian magazine due to gay propaganda law

Next article