[News] [UT, USA] Lawmakers scrap effort to ban anti-gay discrimination
Stephanie Stevens
Lawmakers scrap effort to ban anti-gay discrimination
LGBT » Bill gets first Senate hearing in its fifth year.
By Rosemary Winters
The Salt Lake Tribune
Published: February 3, 2012 10:34PM
Updated: February 3, 2012 11:52PM
Despite strong support in public polls and endorsements from prominent
business leaders, lawmakers on Friday snuffed out a statewide effort
to ban discrimination against gay and transgender Utahns.
In a 4-2 vote, a Senate committee shelved SB51 after a 90-minute
public hearing with a standing-room-only crowd.
Sen. Ben McAdams, the bill’s sponsor and a Salt Lake City Democrat,
said he was disappointed the bill failed but called the hearing a
"valuable discussion" and a "huge milestone." This is the fifth year
that Democrats have run such a bill but the first year to get a Senate
hearing.
This year, the Salt Lake Chamber and executives from Ancestry.com,
1-800-Contacts and eBay have endorsed the measure, saying it would
enhance Utah’s reputation as a welcoming place to do business. Nearly
three-fourths of Utahns support such a law, according to a recent poll
by Dan Jones & Associates.
Already, 14 Utah cities and counties have ordinances that ban housing
and employment discrimination based on sexual orientation or gender
identity. McAdams said adding those categories to Utah’s existing
anti-discrimination laws, which protect individuals from bias based on
race, religion, disability and other characteristics, would make the
law consistent statewide.
But members of the Senate Government Operations and Political
Subdivisions Committee raised concerns about frivolous claims and the
rights of property owners and employers. They also expressed
discomfort with a new provision in the bill that would have protected
employees from discrimination based on their political speech and
activity.
Sen. Scott Jenkins wondered if the protection would mean any
disgruntled employee — including a straight one — could claim he was
discharged for being gay.
"Does he have to first prove his sexual orientation?" Jenkins asked.
"Whether a person is gay or not ends up being almost a he said, she
said."
Clifford Rosky, a University of Utah law professor and board member of
Equality Utah, said it wouldn’t matter what the person’s sexual
orientation is. The law not only would protect people who are gay or
bisexual, but also people who are straight. Those filing complaints
would have to prove to the Utah Labor Commission that an employer
discriminated based on their sexual orientation — real or perceived.
Gayle Ruzicka, president of the Utah Eagle Forum, spoke against the
bill, saying that exemptions for religious organizations should be
expanded to include religious people. Although existing
anti-discrimination laws exempt owners of four or fewer units, Ruzicka
questioned how she would be affected if she owned a 100-unit apartment
complex.
"What if I was renting to singles and wanted I certain standard. I
couldn’t say, ‘You’re living a homosexual lifestyle. You cant live
here,’" Ruzicka said. "I think I should have the right to do so."
McAdams said allowing bias because of a person’s religious beliefs
would undermine state and federal laws that prohibit discrimination.
"If I want to rent only to people of a certain ethnicity [because of
my religious beliefs], I can’t do that. That’s discrimination,"
McAdams said.
Sen. Margaret Dayton, R-Orem, said she was uncomfortable with
protections in the bill for political speech and activity. McAdams
said the provision was added to show "mutual respect" for those with
disagreeing political views that may be religiously motivated. He said
it would prevent firing someone for donating money for or against
same-sex marriage initiatives, such as California’s Proposition 8.
Rep. Derek Brown, R-Cottonwood Heights, had announced he would
co-sponsor SB51, but he did not participate in the hearing. Earlier
this week he said he had reservations about the political-activity
provision.
After the bill failed, McAdams said that part of the bill became
"unwieldy" and he likely will scrap it if he runs the bill again. As a
candidate for Salt Lake County mayor, McAdams said he will pass the
anti-discrimination "torch" to another legislator if he leaves his
Senate post this year.
-----
AT A GLANCE
—
About the bill
SB51 » Would amend Utah’s fair housing and employment laws to bar
discrimination based on a person’s sexual orientation, gender identity
or political speech and activity.
Status » Tabled for the 2012 session.
—
The committee vote
Sen. Luz Robles, the lone Democrat on the Senate Government Operations
and Political Subdivisions Committee, voted against shelving SB51. But
some were surprised that Sen. Casey Anderson, a Cedar City Republican,
joined her. Anderson said, “there were a lot of reasons to vote
against the bill,” but he wanted to give Sen. Ben McAdams, D-Salt Lake
City, a chance to amend his bill and address questions raised during
Friday’s hearing. Anderson also would have preferred a
straight-up-or-down vote on the bill’s merits, instead of a vote to
“table.”
-----
Copyright 2011 The Salt Lake Tribune. All rights reserved.
http://www.sltrib.com/sltrib/politics/53442217-90/bill-discrimination-utah-mcadams.html.csp