[News] [UT, USA] LGBT Non-Discrimination Bill Squashed
Stephanie Stevens
NEWS BLOG
LGBT Non-Discrimination Bill Squashed
by Eric Peterson
Posted 2012-02-03
Sen. Ben McAdams, D-Salt Lake City faced a tough committee as he
pitched his bill extend workplace and housing non-discrimination
protections to all lesbian, gay, bisexual and transgender Utahns
statewide. The Senate Government Operations Committee included 5
republicans and one Democrat. Even Gayle Ruzicka, the President of the
conservative Eagle Forum sat in a committee chair, since she arrived
late to the hearing and couldn’t find a seat in the audience, members
of the committee allowed her to sit in a chair at the dais.
McAdams’ Senate Bill 51
<http://le.utah.gov/~2012/bills/sbillint/sb0051.htm> was a repeat of a
bill he had proposed in the 2011 session that was never able to escape
the Legislature’s Rules Committee. This year the bill was given a
hearing, but from the outset it was clear the bill faced a tough crowd
of legislators. McAdms’ presentation was bolstered by testimony from
Clifford Rosky, a professor of law at the University of Utah and board
member of the LGBT advocacy group Equality Utah
<http://www.equalityutah.org/> . Rosky tried to cut off criticism from
the beginning that the bill would create a special class of citizenry
with rights above others.
“What the bill does not do is make gay and transgender people a
protected class or give them rights other don’t have,” Rosky said.
“What it says is that you can’t discriminate based on sexual
orientation or gender identity--you can’t fire someone because they’re
gay or straight.”
Rosky also pointed out that the bill allows exemptions for religious
organizations, businesses with 15 or fewer employees, landlords with
four or fewer rental units as well as student dorms.
McAdams came to the Legislature this year with the backing of the Salt
Lake Chamber of Commerce <http://www.slchamber.com/> ’s endorsement of
his bill, and argued that it was good for business to have laws that
were conducive to recruiting talented personnel. He also argued that
the 14 cities and counties that had previously passed similar
non-discrimination ordinances had shown that the measure wasn’t
provoking frivolous lawsuits against businesses as some critics had
speculated.
“They haven’t opened the floodgates of litigation,” McAdams said. “But
they have fostered a dialogue of respect.”
The public testimony drew comments from a handful of members who spoke
out of the more than 70 individuals packed into the committee room to
hear the bill.
Jeremy Cunningham, a citizen spoke in favor of the bill and related
his story of working for a large company without any incident for
years and even received a glowing employee evaluation--only to be
fired weeks later after a coworker confronted him about his sexual
orientation after having seen him talking with a gay man.
“I felt dehumanized,” Cunningham said “Then I discovered that [that
the firing] was perfectly legal.”
Sen. Scott Jenkins, R-Plain City, questioned him as to what reason was
given for Cunningham’s firing and he said that after five years of
asking the cause for his determination this year he received “a
hand-written, scribbled note with the reason for being terminated
[listed] as ‘other,’” Cunningham said.
But not all were so supportive. Gayle Ruzicka, the influential leader
of the citizens group the Eagle Forum left her committee chair seat to
come to the microphone and speak against the bill. She argued that if
religious organizations should be exempted that religious individuals
who own businesses should also be exempted from complying with the
bill.
“I think religious people should have that same opportunity as
religious institutions,” Ruzicka said. “What if I own some apartments…
and I want to make sure the people that rent those apartments have the
same standards that I want there-- I wouldn’t be able to make that
choice. I’d have to allow those that are living a gay lifestyle to
move in there.” She likewise asked if the owner of a religious
bookstore would have to worry about the ability to hire employees who
shared a lifestyle conducive to the nature of the business.
Committee member Sen. Margaret Dayton, R-Orem, also criticized a
component of the bill that offered protections to employees based on
their political activities. She worried that the bill would take away
an employer’s ability to fire someone whose political activism might
bring a boycott to the business as collateral damage.
“Employers should have some say,” Dayton argued. A point McAdams
conceded was something he would take out if necessary. “As a business
owner I certainly should not be forced to suffer economic harm in my
private business because an individual I employ is a member of the [Ku
Klux Klan],” McAdams said, in agreeing with Sen. Dayton.
But the committee was not about to pass the bill and fix it later.
Sen. Daniel Thatcher, R-West Valley City agreed with the “principle”
of non-discrimination but worried about unintended consequences in the
workplace.
“If we have this in place and if someone, somehow discloses [sexual
orientation or gender identity] to me during the interview process,
that might be perceived as a veiled threat that if they don’t get the
job then I might get drug to court,” Thatcher said. “Even if they
don’t win, how much money, how much time will I waste in not being
able to run my business?”
While Sen. Luz Robles, D-Salt Lake City, moved the bill be passed
favorably out of committee, Sen. Scott Jenkins quickly reversed that
motion, after agreeing with his republican colleagues that the bill
would adversely affect employers.
“I’m not sure this legislation won’t hurt as much as it will help,”
Jenkins said. “I am absolutely opposed to discrimination and I do not
think it should happen, I think we should all be loving and accepting
of our neighbors and with that Mr. Chair I’m going to make a
substitute motion that we table this legislation.”
McAdams in his last-ditch closing pitch for the bill argued that the
bill was in keeping with what Utahns believe.
“Protection against discrimination is a Utah value,” McAdams said.
“Nevertheless we have discrimination in Utah. We have people who are
evicted from their homes or lose their jobs because of how they life
their life.
“I don’t believe we have to choose between protecting against
discrimination and the religious values many of us have in our state.
I believe that faith and respect can coexist and this bill would
accomplish that,” McAdams said.
Ultimately the committee disagreed and voted 4 yes votes to 2 no votes
to table the bill and keep it from advancing to the Senate floor. The
two votes cast against squashing the bill were cast by Sen. Robles,
D-Salt Lake City and Sen. Casey Anderson, R-Cedar City.
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