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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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News

‘Huge Problem for Trump’: Joe Rogan Gushes Over Kamala Harris

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September 17, 2024

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Populist podcaster Joe Rogan, the highly-influential commentator whose audience reflects a strong segment of Donald Trump’s MAGA base gushed over Vice President Kamala Harris in his latest episode.

“She’s nailing it,” exclaimed Rogan, who has 14.5 million followers on Spotify.

A “dudebro” with a predominantly male audience in the 25-44 range that spans the partisan divide, Rogan heaped praise on Harris’s team.

“They did an amazing job from the moment Biden drops out, forcing Biden to drop out, whatever they’re doing, whoever’s writing those speeches, getting her to deliver them, coaching her, she’s nailing it,” Rogan said.

READ MORE: ‘Megaphone for Hate’: Vance’s Slam of Dem ‘Rhetoric’ Backfires in ‘Streisand Effect’

“Whoever’s helping her. Whoever’s coaching her. Whoever’s the puppet master running the strings…” he said, serving up a “chef’s kiss” gesture, as NJ.com reported.

“The difference in that debate was not a difference in who’s going to have better policies, who’s going to be better for the country,” Rogan observed. “The difference in the debate, in my opinion, was who was better prepared.”

Rogan did not quite endorse Donald Trump in 2020, although he did tell listeners he would rather vote for Trump than Joe Biden.

“There’s a moment here when Rogan imitates Trump in the most cartoonish way imaginable, and that, I think, tells you a lot. For many people, Trump made them laugh at politics. But now they’re laughing at him,” remarked John Stoehr of the Editorial Board.

“This is a huge problem for Donald Trump,” commented digital marketing strategist and Obama campaign operative Tim Fullerton. “If Joe Rogan turns on him and starts praising Kamala Harris like he is here – Trump is toast.”

Watch below or at this link.

READ MORE: ‘Remigration’: Trump Continues Attacks on Immigrants With New Vow of Forced Deportations

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OPINION

‘Megaphone for Hate’: Vance’s Slam of Dem ‘Rhetoric’ Backfires in ‘Streisand Effect’

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4 hours ago

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September 17, 2024

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Freshman U.S. Senator JD Vance, the Republican vice presidential nominee, in a speech and in a 1200-word social media post on Monday attacked Democrats for what he claimed is “rhetoric” fueling the two alleged assassination attempts on his running mate, ex-president Donald Trump. His efforts were both refuted as false and hypocritical, and served as an invitation for countless examples of how he and especially Trump have been engaging in dangerous rhetoric.

On Tuesday Vance continued his attacks, claiming he and Trump now deserve apologies because the dozens of bomb threats inflicted on Springfield, Ohio, after they both lied about immigrants stealing pets and eating them, allegedly came from overseas.

“I’m still waiting on a correction and apology from the left wing journalists,” Vance wrote on social media. “They lied about these bomb threats to silence us.”

Ohio Republican Governor Mike DeWine told reporters there had been 33 bomb threats against 22 facilities in Springfield in under a week after Trump’s false claim Tuesday night. But now, without any proof, Republicans are claiming the bomb threats came from overseas, as if somehow that absolves them of any guilt for having fueled them.

READ MORE: ‘Remigration’: Trump Continues Attacks on Immigrants With New Vow of Forced Deportations

Vance admitted to CNN that the allegations, which led Donald Trump during last week’s presidential debate to lie that immigrants are “eating the cats,” and “eating the dogs,” was a story he had created to advance his agenda.

The Atlantic’s David Frum, a conservative and former Bush White House speech writer, on Tuesday wrote: “The difference: The upsetting things said by Trump and Vance are not true. The upsetting things said about Trump and Vance are true. Trump really did mount a violent coup against the Constitution. He and his relatives really did take bribes in office, including from foreign governments. He really was helped into power by Russian espionage agencies. He really did steal secret documents from the US government after his election defeat. And Vance really did, and by his own admission, intentionally “create stories” for political advantage that put residents of his state at risk of physical harm.”

Vance responded: “I’d say the most important difference is that people on your team tried to kill Donald Trump twice.”

Frum replied, “They’re going to rename the Streisand Effect after this guy.”

For those who don’t know, the “Streisand Effect” in short, is when an attempt to tamp down something leads to it being given a lot more attention.

That’s exactly what happened when Vance on Monday told Democrats to “tone down the rhetoric,” which he alleges led to the two Trump assassination attempts. He offered only one example, of a Democratic Congressman calling for Trump to be “eliminated,” from the ballot for president. A call for which he later apologized for not being clearer.

Vance’s attack led to a flood of people explaining why Donald Trump’s rhetoric is dangerous.

READ MORE: ‘Hell Isn’t Hot Enough’: Fury at Trump as More School Evacuations Follow ‘Pet-Eating’ Lies

“This isn’t easy to write, but it needs to be written,” wrote Joe Walsh, the former Republican Tea Party Congressman. “The sad truth is this: It’s not at all surprising that someone would try to kill him,” he said of Trump.

“I mean, think about it. Every day for 9yrs, he’s spewed hate, spread division, and incited violence like no other. Every day. Ever since he came down that escalator. Every day, he’s attacked this person or that person, this group or that group. In cruel, ugly ways. Every day for 9yrs he’s been hating on people and inciting violence against people. Remember earlier this year, when he actually shared a meme of a hogtied, kidnapped Joe Biden? He’s been like a juvenile delinquent who has thrown a firecracker into a crowd of people every day. Eventually, someone is going to go after that boy. Political violence must be strongly condemned. Always. It’s wrong that someone would try to kill him. Terribly wrong. But it’s not surprising. Not at all. It really isn’t. He has been the country’s megaphone for hate.”

On Monday, Walsh had noted: “In blaming Democrats’ rhetoric for the assassination attempt, Trump accuses Democrats of ‘wanting to destroy this country’ and calls Democrats ‘the enemy from within.’ Dangerous rhetoric coming from Democrats, huh?”

And conservative political commentator Charlie Sykes noted: “On the same day Ohio’s GOP guv sent state police to 17 schools in Springfield after threats of violence, the men who incited those threats are demanding that the rest of us tone down our rhetoric. This is rich. By which I mean unmitigated bullsh*t.”

RELATED: 33 Bomb Threats in Springfield Shuttered 22 Facilities in Days After Trump’s Immigrant Lie

Image via Shutterstock

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OPINION

‘Brazen Gaslighting’: JD Vance Slammed for Telling Dems ‘Tone Down the Rhetoric’

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6 hours ago

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September 17, 2024

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Ohio Republican U.S. Senator JD Vance published a 1203-word diatribe Monday night filled with falsehoods and feeble hypocrisies, demanding that Democrats “tone down the rhetoric” while insisting he opposes “censorship.” Critics are accusing the GOP vice presidential nominee of hypocrisy and gaslighting the public, given his and his running mate’s lies about Haitian immigrants stealing and eating pets, and Donald Trump’s vicious attacks on Vice President Kamala Harris, which mirror what Vance is urging Democrats to not do.

“Reject censorship and you reject political violence. Embrace censorship, and you will inevitably embrace violence on its behalf,” Vance alleged in his post on X, before reaching this dramatic conclusion: “The logic of censorship leads directly to one place, for there is only one way to permanently silence a human being: put a bullet in his brain.”

That’s how Vance’s screed ended. But it began with a falsehood: “Yesterday, Donald J. Trump nearly lost his life.”

He was referring to the alleged attempted assassination on Sunday, during which a 58-year old man who voted for Trump in 2016 before publicly expressing his regret and supporting Republican Nikki Haley this year, was found by a Secret Service agent outside the perimeter of Trump’s Mar-a-Lago golf course, 300 to 500 feet away from the ex-president, with an AK-47. The agent shot at the suspect, who had been waiting in the bushes for about 12 hours.

“Ryan Wesley Routh did not fire any shots, never had Trump in his line of sight and sped away after an agent who spotted him shot in his direction, officials said. He was arrested in a neighboring county,” NBC South Florida reported.

RELATED: Trump Repeatedly Blames Biden, Harris for Assassination Attempt Allegedly by Another GOPer

And while this second alleged assassination attempt, once again by a GOP voter, is disturbing, Trump did not nearly lose his life anymore than he “took a bullet for democracy,” as he claimed after the first assassination attempt.

And yet Vance wrote, “The rhetoric is out of control. It nearly got Steve Scalise and many others killed a few years ago. It nearly got Donald Trump killed twice” – a clear attack on Democrats despite both alleged attempted shooters targeting Trump were his own supporters, at least at one time. As for the Scalise shooting in 2017, seven years ago, the perpetrator had a 20-year history of run-ins with the police, including an arrest “after a 2006 incident in which he was accused of beating his foster daughter, according to court records. The case crumbled after the victim decided not to testify,” Bloomberg reported. Had he been convicted he would have been unable to own a gun.

Vance also claimed that “Kamala Harris has said that ‘Democracy is on the line’ in her race against President Trump. The gunman agreed, and used the exact same phrase.”

NCRM could find no news reports making the claim Routh has said that, but you know who has? The American people.

“Americans agree that the future of democracy is on the line in the 2024 election but disagree about who poses the biggest threat,” is the headline of a December PBS News report.

“A poll from The Associated Press-NORC Center for Public Affairs Research found that 62% of adults say democracy in the U.S. could be at risk depending on who wins next fall. Majorities of Democrats (72%) and Republicans (55%) feel the same way, but for different reasons.”

Vance also promoted the claim – again, nowhere to be found in news reports NCRM could find – that, he says, “suggest [the bomb threats] came from a foreign country, not–as the media suggested–a deranged Trump fan.”

It is the same suggestion made, apparently without public proof or substance, by Ohio’s Republican Governor Mike DeWine and Attorney General Dave Yost, also citing no source.

As for the bomb threats, Governor DeWine announced Monday there had been 33 since Donald Trump and JD Vance made their wild accusations that Haitian immigrants (20,000 “illegal” migrants they falsely claimed) are stealing and eating the cats and dogs of Springfield residents. 33 affecting 22 facilities including elementary schools and hospitals that were forced to be evacuated, shuttered, or searched.

RELATED: 33 Bomb Threats in Springfield Shuttered 22 Facilities in Days After Trump’s Immigrant Lie

Somehow, Vance and the GOP are claiming that the bomb threats coming from overseas (not proven) absolve them of any guilt. It does not. The bomb threats are a direct result of Vance’s and Trump’s lies attacking immigrants, which in turn are a hallmark of Donald Trump’s political career since he came down the golden Trump Tower escalator in 2015 and told the American people their problems are being caused by Mexicans.

“When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems,” Trump said on the June day when he launched his first presidential run. “They’re bringing drugs, they’re bringing crime. They’re rapists and some, I assume, are good people.”

And while Vance is demanding Democrats “tone down the rhetoric,” he ignores the words of his running mate, Donald Trump, who just last week repeatedly called Vice President Harris “a threat to democracy,” in a speech before the Fraternal Order of Police.

Meanwhile, civil rights and national security journalist Marcy Wheeler blasted Vance’s massive social media post, calling it a “a fascist manifesto,” in which, she writes, the Ohio Senator argues “that false claims dehumanizing migrants is opinion the censorship of which will lead to violence, but Harris’ factual observations about Trump’s coup attempt is violence.”

Posting a screenshot, Wheeler sardonically remarked that his post “starts by feigning to care about incendiary speech, but ultimately says you have to let his Nazi buddies lie about Haitians eating kitties.”

Because it was a lie, a lie that Vance admitted to when he told CNN on Sunday he will “create stories” to promote his agenda: “If I have to create stories so that the American media actually pays attention to the suffering of the American people, then that’s what I’m going to do.”

National security attorney Brad Moss debunked Vance’s public remarks Monday in which the Senator claimed, “You know the big difference between conservatives and liberals is that no one has tried to kill Kamala Harris in the last couple months, and two people now have tried to kill Donald Trump in the last couple of months. I’d say that’s pretty strong evidence that the left needs to tone down the rhetoric, and needs to cut this crap out.”

Former Lincoln Project executive director Fred Wellman summed up Vance’s remarks, asking, “So if I understand the new MAGA messaging correctly; quoting Trump and Vance’s actual words they have said on the record multiple times is inciting violence?”

The Lincoln Project’s Rick Wilson also slammed Vance, writing: “All your gifts, wasted on a dissolute con man, a rapist, serial adulterer, a bankrupt wastrel, and an eager authoritarian who has stoked more violence, hatred, division, death, and chaos than any President in modern history. You, sir, are the cause of death and bomb threats happening *this instant* in Ohio and you elide your guilt with the grace of a Harvard law grad. Spare me.”

CNN host W. Kamau Bell blasted Vance’s remarks on Monday:

“This reads like your daddy Trump yelled at you & told you to make it right. You had an all-time debacle of an interview yesterday where all you had to say was ‘I’m sorry to my home state. As an elected official it is my responsibility to fact check the things I say.’ & today more bomb threats came into the schools that your constituents send their kids to. You talk about Democratic ‘rhetoric’ like your daddy didn’t lead an attack on a the Capitol. Well, since you said we are allowed to say mean things, let me say this, you are a disgrace.”

Mother Jones national affairs editor Mark Folman added, “What brazen gaslighting from JD Vance, who literally led the way on incitement blaming Dems for the shooting in Pennsylvania — ‘They even tried to kill him’ This BS rhetoric [was] repeated by Vance and many top Trump surrogates.”

MSNBC’s “Morning Joe” Scarborough Tuesday morning called Vance’s speech in which he called for Democrats to tone down the rhetoric, “gaslighting of the first order.”

Watch the videos above or at this link.

READ MORE: ‘Remigration’: Trump Continues Attacks on Immigrants With New Vow of Forced Deportations

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