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Utah LGBT Rights Bill A Trojan Horse For Religious Right’s Agenda

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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. 

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. 

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. 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.

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. 

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. 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. 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.

 

Eric Ethington is a journalist, activist, and researcher. Originally from Utah, he now works in Boston for a social justice think tank. His writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Guardian, and The Public Eye magazine. Follow him on Twitter @EricEthington. 

Image: Gov. Gary Herbert signing SB296 into law. Photo by Salt Lake City Council Member Erin Mendenhall via Twitter

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OPINION

‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

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15 hours ago

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April 17, 2024

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U.S. Rep. Marjorie Taylor Greene was strongly criticized by two Democratic Congressmen after the Georgia Republican’s remarks about “Ukrainian Nazis” and her attempts to paint Ukrainians as Nazis.

“Stop bringing up Nazis and Hitler,” U.S. Rep. Jared Moskowitz (D-FL) urged, after Greene’s remarks suggesting there is a large Nazi problem in Ukraine, during a House Oversight Committee hearing. “The only people who know about Nazis and Hitler are the 10 million people and their families who lost their loved ones, generations of people who were wiped out. It is enough of this disgusting behavior, using Nazis as propaganda. You want to talk about Nazis, get yourself over to the Holocaust Museum. You go see what Nazis did. It’s despicable that we use that and we allow it and we sit here like somehow it’s regular.”

Moskowitz began by telling the Committee his “grandparents escaped the Holocaust.”

“So my grandmother was part of the Kindertransport out of Germany. Her parents were killed in Auschwitz. My grandfather, her husband escaped Poland, from the pogroms,” he continued.

READ MORE: ‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

“There are no concentration camps in Ukraine. They’re not taking babies and shooting them in the air ’cause they’re Jewish. There’s no gas chambers. There’s no ovens. They’re not railing people in, they’re not ripping gold out of people’s mouth. They’re not taking stuff out of their home. They’re not trying to erase a people. They’re Ukrainians.”

Greene’s remarks over the weekend had caused anger.

“It’s antisemitic to make Israeli aid contingent on funding Ukrainian Nazis,” Congresswoman Greene declared Sunday from her official government social media account, as legislation to support Israel, Ukraine, and Taiwan moved to the top of Speaker Mike Johnson’s priority list in the wake of Iran’s attack on Israel. Her implication appeared to be Ukrainians are Nazis – a Putin talking point.

Greene on Wednesday spent several minutes again implying there are many Nazis in Ukraine, as she was refuted by a top scholar, Yale professor of history Timothy Snyder. Dr. Snyder is the author of a dozen books, including two on Nazis and the Holocaust, and is an expert on the Holocaust, Central and Eastern Europe, the Soviet Union, and serves on the Council on Foreign Relations.

Responding to Greene’s remarks, Snyder told the lawmakers, “no far-right party has ever crossed three percent” in a Ukrainian election.

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Greene was also criticized by U.S. Rep. Maxwell Frost (D-FL), who called her out for her “hypocrisy” and reminded her that in 2022 she “spoke at event led by white supremacists.”

That event was hosted by white supremacist Nick Fuentes:

Watch the videos above or at this link.

READ MORE: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

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News

‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

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17 hours ago

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April 17, 2024

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After Democratic House Oversight Committee Ranking Member Jamie Raskin blasted Republican Chairman Jim Comer, declaring “somebody needs therapy here” during a heated verbal brawl Wednesday afternoon, U.S. Rep. Jared Moskowitz (D-FL) mockingly urged committee members to come together to “begin Comer’s therapy session.”

In a viral three-minute walkthrough of the discredited far-right wing chairman’s efforts, including making false claims and use, as Moskowitz noted, Russian disinformation to try to build a case against President Joe Biden, the Florida Democrat appeared to put the final nail in the impeachment coffin.

Moskowitz told the committee members Chairman Comer has to “face the fact that he was taken by the Russians,” and “was used by the Russians.” He also noted the committee has “already lost” Comer “to Russian propaganda.”

“I mean, we got to build a forcefield around the Chairman to make sure we don’t lose him to Chinese propaganda as well.”

READ MORE: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

Moskowitz made clear, through his well-known wit, that Comer “no longer has impeachment” as an option to use against President Biden.

The video has gone viral, with over 175,000 views in just over one hour.

Read the transcript of Moskowitz’s remarks and watch the video below or at this link.

“Let me start by saying, obviously Chairman Comer’s not here, but I think in light of what we witnessed earlier, I think it’s important that together as a committee that we begin, Chairman Comer’s therapy session, right. You know, a member of the other side wanted to confirm what the title of the hearing was, right, Chinese propaganda. Well, we know the title of the hearing certainly isn’t about impeachment anymore. And Chairman Comer has suffered tremendous loss, and we all know in our life, what it’s like to suffer tremendous loss. There’s all sorts of different stages of grief and that’s the loss obviously, of his of his impeachment hearing. And everyone deals with that in different ways and sometimes it takes time to grieve and struggle and and fill that hole that void that now exists now that he no longer has impeachment.”

“The only way we as a committee are going to help Chairman Comer get better is we have to get to the root cause. Right? So for today’s therapy session, okay, I want to talk about denial. Right? The denial that the impeachment hearings are over, and the denial, obviously, that he started with the 1023 form, which was Russian disinformation. And so, you know, Chairman Comer’s psychology teaches us that, you know, someone might be like him, using denial as a defense mechanism. And signs include that you refuse to talk about the problem. You find ways to justify your behavior, you blame other people or outside forces for causing the problem. You persist in your behavior by consequences. You promise to address the problem, maybe in the future, or you avoid thinking about the problem. And so in addition to these signs that Chairman comer has been displaying, as we saw at the beginning, he also might be feeling hopeless or helpless.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

“I just want the chairman to know that we’re pulling for him. We really we really are. I know, I know. It’s been hard to become someone who was used by the Russians. But the good news is, is that he’s this hearing today on Chinese propaganda, because we’ve already lost him to Russian propaganda. I mean, we got to build a forcefield around the chairman to make sure we don’t lose him to Chinese propaganda, as well.”

“In fact, you can see behind me, these are quotes from the chairman, Chairman Comer. Every single solitary time and there are hundreds more that he went on TV in interviews and talked about this 1023 form, which was all Russian disinformation. But we gotta make the Chairman understand that it’s going to be okay. We will get him through this, but he’s got to recognize, gotta recognize that denial is not just a river in Egypt. He’s gonna have to face the fact that he was taken by the Russians.”

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OPINION

‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

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20 hours ago

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April 17, 2024

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The media’s ability to shape public opinion is well-documented, and by the end of the second day of the first criminal trial in history of a former U.S. president critics are slamming the content, framing, and focus of mainstream media organizations. The biggest concerns: refusing to cover the former president’s apparent inability to stay awake in court, too much identifying information of potential and chosen jurors, and even subtle descriptions that can be used to feed into false perceptions the trial is “unfair” or, as the ex-president likes to say, a “scam.”

Overnight, CNN’s Oliver Darcy’s “Reliable Sources” newsletter blasted mainstream media outlets that “strangely show little interest in reporting on Donald Trump’s courtroom naps.”

“Imagine, for a moment, if President Joe Biden were to be caught openly sleeping at an important hearing,” Darcy posits. Trump was caught “nodding” off repeatedly several times over the first two days of trial (there is no trial Wednesdays). “Then imagine it were to occur at another important hearing the next day. Not only would right-wing media outlets like Fox News run wild with coverage questioning his fitness for office, mainstream news organizations would no doubt also treat the snooze fest as a serious news story. But, for some unknown reason, Donald Trump falling asleep at his historic criminal trial in New York (as he apparently did, again, on Tuesday) has been met with a rather muted response.”

READ MORE: SCOTUS Justices Appear to Want to Toss Obstruction Charges Against Some J6 Defendants: Experts

Noting, “It’s important,” Darcy asks, “why has much of the press fallen asleep at the wheel?” and serves up some examples – or lack thereof.

“ABC News and NBC News didn’t even bother mentioning it on their evening newscasts and many major outlets haven’t even filed straight stories on it. To be frank, if not for The NYT’s Maggie Haberman reporting on the matter Tuesday, it’s unclear whether the public — which is relying on news organizations to be its eyes and ears in the courtroom, given cameras are barred — would know about it.”

“It’s all the more bizarre given that Trump has made attacking ‘sleepy Joe’ a central tenet of his campaign, framing the president as lacking the stamina to serve in the nation’s highest office. Which is to say, the fact that Trump is the one apparently unable to stay awake in his own criminal trial isn’t a trivial story.”

Jennifer Schulze, a media critic who was a Chicago Sun-Times executive producer, WGN news director, and adjunct college professor of journalism, pointing to Darcy’s criticism, calls it “a big journalism fail.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

The ex-president is facing 34 felony counts for falsification of business records when he paid hush money to an adult film actress then allegedly tried to cover it up, which some say is election interference.

New York State Supreme Court Judge Juan Merchan is overseeing the Trump trial, and ordered the identities of all jurors and prospective jurors to remain anonymous. Trump has a proven track record of alleged attempts to intimidate witnesses, judges, prosecutors, and others involved in his trials.

Some are concerned the media went too far in posting and publishing some possibly identifying information internet sleuths could use to piece together their names.

“There is seriously far, far too much identifying information about prospective jurors, several of whom are now empaneled, coming out in the press,” warned attorney and author Luppe B. Luppen.

Here’s how Fox News host Jesse Watters used that information to target one empaneled juror, while attempting to discredit the trial.

Fox News’ Sean Hannity went after “Juror Number One,” who is the foreperson.

It is not just Fox News targeting jurors.

Even The New York Times’ coverage of jurors drew the ire of critics.

READ MORE: ‘Your Client Is a Criminal Defendant’: Judge Denies Trump Request to Skip Trial for SCOTUS

Here’s how The Times’ Jonah Bromwich reported on the jury foreperson:

“The foreperson who was just selected — that’s juror one, the de facto leader of the group who will likely help steer deliberations — works in sales and enjoys the outdoors. He is originally from Ireland, but will help decide the former American president’s fate.”

University of Wisconsin—Madison professor of political science, who has a Ph.D. in Government, criticized the Times’ reporting.

“100% certain if the foreperson were native born, they would not have written this sentence and used the formulation of ‘former president’ subtly implying the foreperson from Ireland is somehow not a real American.”

Watch the videos above or at this link.

 

 

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