The Mormon-church-backed anti-discrimination bill that protects LGBT Utah residents and religious rights received final approval at the state’s Republican-controlled Legislature on Wednesday, and was signed Thursday evening by Gov. Gary Herbert.Photo: Scott G Winterton, The Deseret News (AP)
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.