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Putting it All On the Line: Giving Up Freedom for a Little Equality

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We’ve all “liked” a post on Facebook advocating for LGBTQ rights, whether that be marriage equality, adoption, non-discrimination, or anti-bullying. Many of us have shown up for rallies, blogged, or even picked up the phone and called a lawmaker.  But there are those, a rare few, who are willing to put it all on the line and go to jail so the rest of us gain equality.

Around the nation, the community has watched in fascination as Judge Robert Shelby struck down the Beehive State’s ban on same-sex marriage in December, setting off a marriage frenzy over the next 17 days as roughly 1,400 couples got hitched before SCOTUS granted an emergency stay while Utah appeals the ruling with the 10th Circuit Court. But behind the glitz and glitter of the fight over marriage equality, tireless activists in the reddest of red states have stepped up their game for a law that’s even more important: workplace and housing protections.

A non-discrimination law, barring employers or landlords from discriminating against anyone based on their sexual orientation or gender identity has been pushed every year in Utah for the past five years, with little to no results. During the 2013 legislative session, the law successfully passed out of committee for the very first time (after which it promptly died on the floor of the state senate without receiving a debate).

Despite the state’s image, the only place a non-discrimination law is unpopular in Utah is in the state legislature itself. Multiple statewide polls have all shown support for the law hovering between 67 and 77 percent, and a few weeks ago hundreds of blue slips of paper were taped to the doors of the Utah Senate by citizens of all political stripes demanding a hearing on the non-discrimination law.

Image by Ben Winslow via Instagram

This year, Republican lawmakers (who hold a super-majority in both the House and Senate) were advised by State Attorney General Sean Reyes and outside counsel Gene Schaerr to deny the non-discrimination bill a public hearing—regardless of whether it would pass or not—for fear that some lawmaker would make an extremely bigoted statement against LGBTQ people and hurt the state’s appeal with the 10th Circuit which is set to begin April 10th. That fear seems pretty founded, as one Senator recently penned an op-ed calling marriage equality a “massacre.”

Senate President Wayne Niederhauser heeded the Attorney General’s advice, and told the media that he was not going to allow the bill to receive a hearing because LGBTQ issues are “too emotional” right now.

That was enough to push 15 LGBTQ activists over the edge.

Without warning or announcement, the group showed up at the capitol building with “We are the 72%” and “Hear SB100” signs around their necks, forming a human-barricade in front of Governor Gary Herbert’s (R) main office doors. “If the democratic process won’t work, and if we’re allowed for procedural things like tabling to stop hearing things like the nondiscrimination bill, it’s time for regular citizens to engage in peaceful acts like civil disobedience,” said Dustin Trent.

“I don’t even have a parking ticket,” added Donna Weinholtz, “but I’m willing to be arrested today.”

Several lawmakers spoke with the group, thanking them for their passion and trying to negotiate an agreement to get them to stand down. But after each offer, including a private meeting with both the Senate President and the Governor, the activists responded with a resounding “NO.” The only way they were going to move, they said, was if the Senate agreed to give the bill a public hearing, or if they were arrested.

Eventually, the governor’s staff were bustled out a side door in an attempt to take away the power of the human-blockade. But the protesters responded by moving from the governor’s office to a legislative committee room, where crowds of people and lobbyists were trying to get in and out. The crowd was not happy they couldn’t get into the room, and shouts of “Arrest them!” rang out in the cramped space. Utah Highway Patrolmen, who handle security at the capitol building, immediately placed 13 of the protesters under arrest for suspicion of disruption of a public meeting, a class B misdemeanor; and disorderly conduct, a class C misdemeanor.

As they were being led away in handcuffs, protester Troy Williams shouted out “With liberty and justice for ALL!”

Was it worth it? Well, Senate Republicans have still refused to give the non-discrimination bill a hearing. But on the other hand, the Utah Legislature received a pretty fat black eye as the story of the protesters spread throughout not only local media, but on national sites like MSN (and now here on NCRM!).

While those of us who live in blue states sit back and enjoy the fruits of old labors, eagerly watching as marriage equality battles unfold, it’s easy to forget that there are many places left in the country where basic protections don’t exist and our LGBTQ brothers and sisters are still vulnerable. But with heroes like this, willing to step up and put it all on the line for the sake of everyone else, I’m not too worried. Bigotry cannot long stand against the tide of justice and understanding.

The 13 arrested protesters, after being released from the Salt Lake County Jail.
Photo credit: @JimDabakis

Image, top, by Ben Winslow via Twitter

Follow Eric Ethington on Twitter @EricEthington

Eric Ethington has been specializing in political messaging, communications strategy, and public relations for more than a decade. Originally hailing from Salt Lake City, he now works in Boston for a social justice think tank. Eric’s writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Telegraph, and The Public Eye magazine. He’s worked as a radio host, pundit, blogger, activist and electoral campaign strategist. He also writes at NuanceStillMatters.com

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