In Theory: Thoughts on Utah’s SB 296
In a move that was hailed as a “milestone,” Utah Gov. Gary Herbert this month signed into law SB 296, which, according to the Salt Lake Tribune, “gives Utah its first statewide nondiscrimination protections for the gay and transgender community while safeguarding religious liberties for people of faith.”
With the signing, Utah becomes the 19th state to provide statewide protections for the LGBT community in housing and employment, according to the national Human Rights Campaign.
Under the bill, existing protection laws for housing and employment will be extended to include sexual orientation and gender identity, while also clarifying exemptions for religious institutions and providing protection for religious expression.
But what’s more, the signing ceremony highlighted the cooperative working relationship between the LGBT community and the state’s Mormon population, which have often clashed.
Herbert was flanked by leaders from both communities, the Salt Lake Tribune reports.
“I have no doubt the eyes of the nation are upon us,” Herbert said. “We can do difficult things because we are determined to work together, one with another, as opposed to working against one another.”
Sen. Steve Urquhart, R-St. George noted the significance of the signing.
“Here we make history. We have shown that LGBT rights and religious liberties, they are not opposites, they are not mutually incompatible, they are pillars in the pantheon of freedom,” Urquhart said.
Q. What do you glean from the bill and the seemingly cooperative effort to get it signed? Do you think the bill will be successful in practice?
--
In my opinion, that news item out of Utah was a wonderful thing, and I expect the agreement will work in practice.
For a long time now I have felt that there is a spirit moving in America, and you may call it the Holy Spirit if you like, to be more accepting of others. Yes, there have been backlashes, and there will continue to be backlashes.
But the overall movement of accepting others, especially those we regard as “different,” seems to be moving forward, with or without the support of religious institutions. I have seen bumper stickers that say that if enough people want peace and not war, perhaps our leaders will get out of the way and let the people have peace. I feel the same sort of feeling in this acceptance of more and more of us of the LGBTQ community. I am a church leader, I guess, but I have to say that many in the church have been slow to accept gay and transgender persons, and they are wrong — in my humble opinion, of course! Just as our political leaders need to get out of the way, so do our religious leaders need to get out of the way and let the loving, accepting Spirit of God move forward. In my denomination, the United Church of Christ — a quite progressive denomination, I am happy to say — we have a slogan: “God is still speaking.” I believe that slogan wholeheartedly, and that still-speaking God is calling to everybody, not just the proper church folk, to accept those who are “different.” And really, does anybody out there really think that Jesus would be on the side of the excluders? What is the Good Samaritan story all about if not about the goodness of someone who is “other,” someone not like us, but “different?” Way to go, Utah! You are doing the Lord’s work!
The Rev. Skip Lindeman
La Cañada Congregational Church
La Cañada Flintridge
--
The bill is a wonderful testimony to the love of God for all of Creation. Unfortunately, it took so long to get those who claim to be living their lives in God’s image to stop shunning others and making their lives a shadow existence.
In a few weeks, Jewish people will be celebrating Passover, the greatest freedom experience in the history of people kind. One of the central prayers of the ceremony called the Seder, the Order, says “All who are hungry come in and eat, and all who are needy come in and partake of the Sacrificial Lamb” (the prayer’s name is Ha Lachma Anya).
Two things stand out in my mind. This prayer does not say, “only heterosexuals may come in and eat.” It says “ALL who are hungry come in and eat.” It does not say, “only straight people may partake.” It says, “ALL who are needy come in and partake of the Sacrificial Lamb.” So to both my co-religionists who remember the Lamb who died so we could escape slavery and my Christian neighbors who interpret the Sacrificial Lamb a bit differently, the time has come for the LGBT community to stop being sacrificed so we all could be free and to stop making that community die spiritually and otherwise for our sins of bigotry, prejudice and ridicule.
Shalom to all,
Rabbi Mark Sobel
Temple Beth Emet
Burbank
--
The cooperation between the LDS church and Utah’s gay and transgender community affirms that reason and goodwill can prevail, even in our overly confrontational culture.
Some have expressed surprise that the church worked closely, and amicably, with gay rights advocates to craft and win passage of the bill. However, the church has supported these protections before, backing a Salt Lake City antidiscrimination ordinance in 2009. The church also has, in recent years, stressed the need to treat people within the LGBT community with kindness and compassion. These efforts, I believe, helped establish a level of trust that allowed collaboration on the state legislation.
Likewise, it is to the credit of LGBT leaders that they responded to the church’s wish to include provisions that safeguard the rights of the religious to live in accordance with their beliefs. This is a significant step. Taken on a larger scale, it would ease tension between these communities by reducing the fear among the religious that they might lose their jobs, be sued or be ostracized for being true to their faith.
The diversity of 21st-century America will require this kind of cooperation and mutual respect. As the church said in a statement issued on the day the bill was introduced, “The most sensible way to move forward is for all parties to recognize the legitimate concerns of others.”
To take the opposite course leaves every person and group isolated, suspicious and vulnerable. In the Utah case, each side had legitimate concerns about encroachment on rights guaranteed by the Constitution. The solution they arrived at fits well with both the letter and spirit of that great document.
Michael White
The Church of Jesus Christ of Latter-day Saints
La Crescenta
--
SB 296 may be a welcome improvement in the lives of some LBGT people in Utah, but a religious exemption is a significant loophole in that state. It is certainly far from full equality.
In Utah, the Latter Day Saint apparatus is extensive, other conservative churches abound, and corporations that are affiliated or subsidiaries of religious bodies, and even the Boy Scouts of America, are not covered by this legislation.
Incremental change in a conservative state may be the best deal possible at this point and at least it is a step in the right direction, but some civil rights and union activists fear it will set a dangerous precedent with other states using it as a model.
Even in this limited application of sexual and gender equality, Utahns may learn that treating people fairly does not cause the sky to fall. If this bill leads to further progress it will have been a worthy effort. However if prejudice is solidified, now officially sanctioned by the state, I think it is moving backward for the LGBT community, and away from justice for all.
Roberta Medford
Atheist
Montrose
--
I am pleased to learn that a new law in Utah has created nondiscrimination protections for members of the gay and transgender communities in areas such as housing and employment. That is certainly a step forward for Utah, where such a law has not been in existence before. And it is gratifying that the LGBT community and the state’s Mormon population have worked together to come to a seeming consensus. As a member of the clergy in a tradition and congregation that supports and welcomes those of LGBTQI identity, I am glad to see that kind of progress.
However, I am concerned about the part of the law that says it will safeguard “religious liberties for people of faith.” All too many times, it seems that such provisions have allowed discrimination by religious people and communities in the name of religion, when they are really protecting social or cultural beliefs, not religious ones. I believe that love and support of all people are religious beliefs; disrespect and marginalization of LGBT people are not. So I am cautious in declaring this law a victory just yet.
My hope is that those on both sides of this equation will act with integrity and support the kind of cooperative action that they have included in this law. In our religious tradition, we affirm and promote “Standing on the side of Love.” May it be so in Utah and the rest of the world.
Rev. Dr. Betty Stapleford
Unitarian Universalist Church of the Verdugo Hills
La Crescenta