9 April 9-
1929 The Utah
Supreme Court, although upholding the constitutionality of the 1925
sterilization law, rules that a prisoner caught in the act of consensual sodomy
with another prisoner, and who is described as "acting lovingly toward
other boys in the prison," can not be sterilized for that reason alone.
1946 Reynald Becker, 37, of 23 East 1st Street charged
with lewdness in connection with showing indecent motion pictures on March 17,
today changed a former plea of innocent to one of guilty and be sentenced April
12 by city court Judge Clifford L Ashton
Deseret News
 |
| David O McKay |
1951 -At Sunday Mormon Spring General Conference Mormon
Apostle David O. McKay “Sounds Battle Cry Against Vice.” Describing the
corruption of cities as growing from the actions of a handful of individuals,
Mr. McKay urged church members to continue their fight against vice without
becoming discouraged. Salt Lake
Tribune (Page A 1 Col.6)
1969 Committee for Homosexual Freedom formed in San Francisco
 |
| Gale Whittington & Leo Laurence |
by Leo Laurence and Gale Whittington made up of Hippie-radical young Gays and
some SIR members began to picket the steamship’s headquarters in San Francisco. Attempts to
discuss the dismissal with Whittington’s boss were refused and it became clear
that he was fired solely because of his homosexuality. “We assert such
discrimination to be unacceptable as that practiced against any other minority
group. A man’s performance on his job should be the only criterion for his
continued employment.” The group
picketed into May but negotiations never came about and CHF’s first action
failed.
1974-The American
Psychological Association voted to remove homosexuality as a mental disorder. "Homosexuality per se implies no impairment in judgment, stability, reliability, or general social and vocational capabilities; Further, the American Psychological Association urges all mental health professionals to take the lead in removing the stigma of mental illness that has long been associated with homosexual orientations."
 |
| Donny Eastepp |
1987 - Gay Community
Council met at the Resurrection Metropolitan Community Church. Gay Pride Day was planned for July 12th at Sunnyside Park. Donny Eastepp co-owner of
the in-between chosen to chair Pride Day Committee. John Sasserman of the Triangle
Magazine acting Chair of the Council with Rev. Bruce Barton acting as
Secretary/Treasurer. In attendance were Ben Williams, Mike Anderson, Lyle Bradley, David Nelson, John Sasserman,
Donny Eastepp, Beau Chaine, Bruce Barton, Graham Bell, Davydd Daniels. Council
voted on incorporating and that proposals had to pass with a 2/3 majority.
Until this meeting all proposals had to be unanimous before passing. "Mike
Anderson and I went to the Gay Community Council for the first time
tonight. It's held at the Metropolitan
Church and its opened to anyone and to representatives of the Gay Community. I
went as a representative of The Wasatch Church of Christ. I really enjoyed the discussions and the
planning of Gay Pride Day on July 12th.
Donny Ezstep, part owner of the INBETWEEN bar is in charge of Pride Day
this year. At the meeting tonight, which
John Sasserman editor of the Triangle Magazine
 |
| Bruce Barton |
chaired, we voted on
incorporating the group with Rev. Bruce Barton, pastor of MCC as treasurer. The next meeting will be May 7th at 7
p.m. The people in attendance were Mike
Anderson, Lyle Bradley who works for KSL, David Nelson, John Saserman, Donny
Estep, Beau Chaine, Bruce Barton, Graham Bell, Davydd and perhaps a few people
I can't remember now but did know most
of the people there. I was opposed to
the selling of beer at Gay Pride Day. I
didn't care if people wanted to bring beer, I just didn't think Gay Pride had
to always be connected with alcohol but I was alone on that one. But I don't care. At Least
stood up for my convictions. We
decided tonight that all proposals are to be passed by a 2/3 majority rather
then unanimous which it had been previously.
This is the fifth meeting of the group which was organized just last
December. I only heard about it in
march."
1988 CHILDREN FIND
A BODY Children playing in a Salt Lake
park Friday afternoon stumbled over what they first thought was a man sleeping,
but when they investigated further they found he was dead and called police.
Salt Lake police detectives said Friday night they weren't sure of the age of
the man found dead in the International Peace Gardens in Jordan Park, 1060 S.
Ninth West. Detective Jerry Mendez said a preliminary investigation has not
determined how the man died. "The medical examiner will have to determine
that. He might have died of natural causes or a drug overdose and we aren't
ruling out murder, although there did not appear to be any wounds." Mendez
said the victim wore pants, a T-shirt and sweater, shoes and socks but had
nothing in his pockets to identify him. Two Parkview Elementary School
children, a third-grader and a fourth-grader, found the body and called police
about 2:30 p.m. Mendez said he didn't know how long the body had been in the
park, "but it looks as if the victim didn't just die Friday afternoon."
1989 DETECTIVES STILL SEEK
CLUES IN 3 SLAYINGS Detectives are still trying to determine what led to the
separate slayings of three people who were killed within a 24-hour period. The
identity of a man whose nude body was found floating in the Jordan River
remained a mystery Saturday. The victim is described as an Asian man in his
20s. The body, found about 11 a.m. Thursday by a Salt Lake Housing Authority
employee, had been in the water for up to two days, Lt. Norm Thompson said. An
autopsy indicated the unidentified victim died either from strangulation or
drowning, Thompson said. The sheriff's office logged the 15th Salt Lake County
homicide of the year early Friday. The body of Darrell N. Webber, 39, was found
about 3:20 a.m. behind a paint store at 4070 S. State, a report said. He had
been stabbed once in the chest.
1989 Sunday I went to Quaker Meeting this morning. I wanted to share about Darrell’s murder. I rode my bike almost all the way to the top of 2nd Avenue and I was sweating bullets, but still I surprised myself that I could. After the meeting I went to Memory Grove to lay out in the sun. Afraid I got too much and I’m a little burned. I am too lethargic to do much today before Jim Rieger picked me up to do our radio program, Concerning Gays and
 |
| Garth Chamberlain |
Lesbians at KRCL. At the station we did two programs, the first which will air this Wednesday was on “Attacks upon members of our community’ and specifically about Darrell’s murder. The second program that will air on the 19th was Readings from Gay and Lesbian Literature including some poetry written by Garth Chamberlain, chairman of the GLCCU Community Center committee. Both shows were excellent I feel. We had some good feed back on the show we did on suicides and on our review if the Deseret News and Tribune’s divergent reviews of Torch Song Trilogy. After taping the shows, Jim and I went to the Deerhunter for a drink and to unwind. What a sad and tragic weekend. Still couldn’t get a hold of John Reeves. Mark LaMarr called from Indiana and said he would send flowers in his and my name. [Journal of Ben Williams]
 |
| Jeff Manookian |
1989 MANOOKIAN RECITAL WILL
AID ANDEANS Published: Sunday, April 9, 1989 Deseret News Pianist Jeff Manookian will perform a benefit
recital on behalf of the Andean Children's Foundation Saturday at 8 p.m. in the
Cottonwood High School auditorium, 5717 S. 13th East. Featured will be the
premiere of Manookian's own Piano Sonata No. 1. Also on the program will be
Beethoven's "Tempest" Sonata, Liszt's Six Paganini Etudes and
Scriabin's Two Pieces for Left Hand.Last year Manookian was a triple
first-place winner in the Composers Guild Competition. He also won the Salt
Lake Vocal Ensemble's composition contest. At this year's Utah Arts Festival in
June he is scheduled to premiere his Piano Sonata No. 2, for left hand. Among
the Salt Lake pianist's performing credits are appearances on the Mike Douglas
Show, Ted Mack's Original Amateur Hour and the Liberace Show. He has also
performed on Armenian television in California and in concerts in Bolivia and
Brazil. Organized in 1982 by Salt Lake dentist Timothy Evans, the Andean
Children's Foundation is a non-profit charitable organization that helps
communities of the Bolivian and Peruvian Altiplano. Included is agricultural
instruction, health course, fish culture and immunization programs. Tickets, at
$5 ($3 students/seniors) may be purchased at any Smith'sTix outlet or at the
door, with all proceeds going to the ACF.
1991-The Advocate ran Dell Richards' article "Activism=Arrests" which showed that in 1990 at least 150 Gay Lesbian and Bisexual people were arrested under laws used specifically against homosexuals.
1995 LIFE INSURANCE
FOR CASH: UTAH LAW FAILS TO SPARK NEW BUSINESS VIATICALS DON'T TAKE OFF AFTER
NEW LAW Byline: By Norma Wagner THE SALT LAKE TRIBUNE Nearly a year after a Utah law made
selling a dying person's life insurance policy for cash a legitimate business,
the so-called ``death benefits industry'' is not buying up truckloads of
policies from terminally ill patients in Utah. Despite all the hoopla and
heartfelt support by advocates for people with AIDS, not one viatical firm has
opened for business here. ``I wish
things had boomed, but they've really been rather quiet,'' says Larry Mulcock,
a financial planner who tried to set up a viatical brokerage firm in Salt Lake.
He gave up advertising in a popular gay and lesbian magazine after getting no
response.
 |
| Pete Suazo |
Rep. Pete Suazo, D-Salt Lake City, convinced the 1994 Utah
Legislature to pass a law allowing for viatical settlements, a new branch of
business largely fed by the emergence of AIDS. Investors pay a dying person 30%
to 80% of the value of his life insurance policy, providing them with an
immediate source of cash and the buyer with a sizeable profit after the patient
dies. Patients sell to the highest bidder, and the policy's value is based on
one gruesome factor -- the sooner a patient is expected to die, the higher the
anticipated return to investors. Suazo
speculates terminally ill patients in Utah either are dealing with large
out-of-state viatical firms or the state law is too young to generate new
business.
 |
| Barbara Shaw |
Barbara Shaw, executive director of the Utah AIDS Foundation, agrees
and adds a third-possible theory: ``It is a scary subject and not one people
are anxious to think about or talk about.'' Viaticals -- Latin for ``provision
for the journey'' -- have grown more popular in the last decade as AIDS cases
have skyrocketed. The settlements are targeted toward anyone with a terminal
illness, but AIDS patients account for about 95% of the viatical business
nationally, according to the Viatical Association of America in Washington,
D.C. Suazo's bill was accompanied by controversial discussions and debate about
potential abuse through deception or fraud versus basic human rights that
should be afforded to the terminally ill. The legislation resulted after Utah
Insurance Commissioner Robert Wilcox interpreted state codes as prohibiting the
sale of insurance policies unless there is an insurable interest in having the policyholder stay
alive. Wilcox's ruling stranded Utah as the only state prohibiting such
transactions. Suazo not only sold the
bill on humanitarian reasons, but on anticipated savings for taxpayers. He
pointed out that more than 150 Utahns with AIDS went on Medicaid during 1992
and 1993, at a state cost of more than $5 million. The bill received
overwhelming support. But nothing much has happened since. And the number of
Utahns with AIDS receiving Medicaid benefits is growing. ``We know that there are lots of people with AIDS in Utah, we just don't know why they
haven't responded,'' Mulcock, the financial planner, said. ``I don't know
exactly what the problem is.'' The problem could reside within the industry
itself. The federal Securities and Exchange Commission (SEC) last year sued the
nation's leading firm in viatical settlements – Life Partners Inc. in Waco,
Texas -- alleging its dealings in such policies amount to selling unregistered
securities to investors. Life Partners
spokeswoman Carol Hagler contends the SEC has ``mischaracterized'' an insurance
agreement as a securities transaction and that the agency's actions are no more
than a ``nuisance lawsuit.'' The U.S. District Court judge in charge of the
case has not issued a ruling. But the suit has prompted change within the
industry. Twenty-six viatical companies in February formed their own trade
association and support efforts by state insurance commissioners to regulate
the death-benefits industry. Utah has
no viatical regulations because, so far, there's no industry to regulate.
Further legislation would be required to give the state Insurance Department
authority over the viatical industry. ``The Utah culture is a little
different,'' says Utah deputy insurance commissioner Dixon Larkin. ``Maybe
[these patients] are being taken care of through different means,'' such as
financial support from their families or through accelerated death benefits,
riders on existing policies that provide partial payments to cover expenses if
certain terms are met. ``Quite
frankly,'' Larkin adds, ``we're delighted that we haven't had a problem
1998 The Salt Lake City
Weekly featured as its lead story “Gay Parents” by Carolyn Campbell. “A small
but growing number of Gay and lesbian couples are adopting children and finding
happiness.” In 1995, Thom Canning and Bart Skinner were the first openly Gay
men in Utah to adopt a baby in 1995.
1999 Joe Redburn, one of the
nation's original talk show hosts from the 1960s, has his own talk show on
KOVO, from 6-8 p.m. weekdays. Deseret News
 |
| Jim Bradley |
1999 BRADLEY CAMPAIGN NAMES
GAY & LESBIAN FOCUS GROUP SALT LAKE CITY - Salt Lake City mayoral candidate
Jim Bradley appointed on April 9 a gay and lesbian focus group to help his
campaign staffers raise funds and develop opinions about matters which are
important to gay and lesbian city voters. The group will meet with the staffers
throughout the campaign. Gay Utah Democratic leaders David Nelson and David
Thometz among others serve as campaign focus-group members and are quick to
emphasize that the group is unique in state politics. "The only other
Democratic campaigns to have created groups like ours were those for President
Clinton, former U.S. Rep. Wayne Owens and former congressional nominee Lily
Eskelsen," Nelson said. "Jim's creation of our group is evidence of
his continuing commitment to us. As with his deciding and historic Salt Lake
County commission vote in 1992 to adopt the county non-discrimination laws, Jim
not only looks for our help, but makes our equal rights and inclusion a
reality." "Jim earned the endorsement of the state-party Gay and
Lesbian Caucus recently as he did in three previous campaigns
 |
| David Thometz |
by proving that
his campaign has the right stuff to win -- a history of accomplishment, a
policy of inclusion and a real chance of victory over his opponents,"
Thometz said. "I'm honored to serve as one of his gay and lesbian
advisors." Paid for by David Nelson and authorized by Bradley for Mayor
Committee Pillar (Salt Lake City) May 1999 Page 11
2001 Page: B1 Capitol Hill
Plagued by Gay Fears? Lesbian lawmaker discusses homophobia in Utah politics;
Anti-Gay Stand Killed Hate Bill, Lawmaker Says BY GREG BURTON THE SALT LAKE TRIBUNE An aversion to
homosexuality on Capitol Hill ultimately doomed a push to strengthen Utah's
hate-crimes law this year, the state's first openly gay lawmaker told members
of the Wasatch Front Unitarian Fellowship on Sunday.
 |
| Jackie Bikupski |
And, said Salt Lake City Democrat Jackie
Biskupski, discomfort with gays and lesbians who are "out" is not
exclusive to Republicans in Utah's predominantly white, male Legislature.
"I talk about the Republicans because they are in power," she said.
"That's not to say people in my same party don't have some of the same
issues, because they certainly do." In 1998, Biskupski overcame anti-gay
rhetoric as well as infighting among gays and lesbians in her liberal-leaning
district to win election in a runaway. Since then, she has been stung by
criticism from colleagues for accepting the crown of grand marshal in Salt Lake
City's Gay Pride Parade and stunned by resistance from Democrats when she
announced a run for minority leadership in the state House of Representatives.
"Going in I thought I would have to convince Republicans that I was
deserving," she told about 25 people packed in a Murray motel room.
"In all reality, I had work to do on my own side of the fence. When I ran
for leadership, some Democrats said it's OK for me to be a legislator, but it's
not OK for me to be in leadership. That was shocking to me." Homosexuality
and equal protection for gays and lesbians "is a debate that is almost
undebatable," she said. "That is truly how it feels up
there." But Biskupski has overcome.
Despite flak from within her own party, the two-term representative was elected
House Democratic Caucus manager, a key leadership position with a voice on some
of the most influential policy-setting and appropriation committees. During the
hate-crimes debate, she owned a unique vantage. "Most of the Republicans
believe that if they pass hate crimes [legislation] they condone
homosexuality," she said. "That's our biggest roadblock to getting
this bill through." Democratic Salt Lake City Sen. Pete Suazo's Senate
Bill 37 would have toughened penalties when a crime is motivated by bias or
prejudice against a group. Suazo crafted the legislation so the definition of a
"group" could cover anything from ethnicity to political persuasion.
But while Suazo shepherded SB37 through the Senate with the help of Senate
President Al Mansell, R-Sandy, a prejudicial undercurrent dominated maneuvering
in the House, where Republican leaders refused to publicly debate the bill. At one point, House Speaker Marty Stephens,
R-Farr West, said hate-crimes legislation was simply "not a high
priority. It's putting people in
classifications of groups, and that's what some people in the House have
problems with." In fact, prior to
Suazo's unveiling SB37, GOP leaders discussed problems with "outing"
their personal biases during a protracted debate. According to Suazo, House
Majority Assistant Whip Greg Curtis, R-Sandy, told Suazo during a basketball
game that the measure would pass only if homosexuals were left out. On Sunday,
Biskupski said many lawmakers fail to look beyond their religious beliefs,
however misguided or misinterpreted. The message resonated with her
audience. Utah lawmakers should be
reminded of biblical imperatives like "Love thy neighbor," said Gary
Slabaugh. "We have to emphasize the highest religious standards."
Some in the crowd promised a vigorous fight over hate crimes in 2002 and a
potentially embarrassing debate for lawmakers hoping to usher in the Winter
Olympics. "Two weeks before the
Olympics we're going to be up there big time," said Bonni Macri, executive
director of Jedi for Women. She attributed resistance to hate crimes and
homosexuality to a siege mentality among male Republicans. "It's fear more than anything else.
They are fearful of losing their lifestyle."
2002 Panel Discusses Homosexuality Issues in
Utah By Mikel Gajkowski Marybeth Raynes, although a member of The Church of
Jesus Christ of Latter-day Saints and a
 |
| Marybeth Raynes |
heterosexual, remains adamant in her
support for gay rights in the Salt Lake community. Raynes spoke as one of three
panelists in the Lesbian/Gay Student Union-sponsored discussion "Community
Under Fire." The panel, held yesterday in the Union's East Ballroom, was
designed to promote awareness of the many issues Utah homosexuals face.
"Sex and spirituality are two things at the core of our being… You can't
split yourself between the two," she said. Dr. Lisa Diamond, a U professor
of developmental psychology, and attorney Laura Milliken Gray joined the
discussion, voicing their concerns regarding stereotypes, religious conflicts
and legal issues
 |
| Lisa Diamond |
of marriage and adoption in same-sex couples.
"Homosexuals have historically been viewed as either spiritually corrupt,
psychologically ill or medically ill," Diamond said. Modern ideology poses
an equal threat to the psychological conditions of gays and lesbians—one that
maintains "we're normal people, but we're suffering," she said.
Raynes discussed similar conflicts of homosexual identity in a religious setting,
highlighting influences of the LDS faith on homosexual members, and vice-versa.
Raynes questioned the church's stance on homosexuality with its principles that
"the condition [of homosexuality] is not inherently wrong, but acting on
it is." Raynes
 |
| Laura M Gray |
encouraged gays and lesbians of the LDS Church to remain
stalwart in their mixed ideology of religion and sexual identity. However,
Raynes also pointed out that the Mormon Church's policy toward homosexuals is
gradually inching away from what she calls "erotiphobia," a fear of
sexual frankness and a strong contributor to homophobia. Gray noted the
implications of the state's common ideology toward homosexuals in terms of
legal limits of marriage and adoption rights. Of such limitations on the gay
community, Gray encouraged homosexuals to "educate people about who we
are.…open up people's hearts and minds and seize our rights, because we are
powerful."
2003 Community Leadership
Forum Meeting Reminder!! With the great
success of the 2003 Community Leadership Summit, there is a renewed enthusiasm
and commitment of the many in attendance to bring the GLBT community non
profits together to communicate, strategize, build alliances, fundraise, and
understand each groups unique perspective. There is now more that ever a need for
us to work together to insure the survival of our non-profit entities. Presidents or Boards of the Utah GLBT
Community Organizations or their representative are encouraged to attend the
next Community Leadership Forum monthly meeting, APRIL 9, 2003 at the
Metropolitan Community Church located at 823 S 600 East SALT LAKE CITY, UT
84102-3507. Meeting will start at 7:30 and will last just slightly over an
hour. If Wednesdays do not work for your organization could you please send a
representative to the April 9, 2003 meeting so we may select a day that is more
appropriate for all GLBT groups to be in attendance.
.jpg) |
| Blythe Nobleman |
2003 Page: B4 Minority
Director Named for SLC City Hall: The new coordinator is a lesbian; she
promises a "human agenda" By Heather May The Salt Lake Tribune Salt Lake City Mayor Rocky Anderson has hired
Blythe Nobleman to work as the city's minority affairs coordinator. "I'm
extremely excited about this opportunity. One of the things Rocky and I share
in common is our belief in hard work," said Nobleman, a writing lecturer
at the University of Utah. As part of
her job Nobleman, who is a lesbian, will focus on gay and lesbian issues and
Pacific Islander, Asian and Latino communities. She will also aid mayoral
spokesman Josh Ewing. Anderson said he hired Nobleman in part because of her
sexual orientation. "We've never had a representative of the gay and
lesbian community in minority affairs. This is a first. The gay and lesbian
community comprises an important element [of the minority community]," he
said. Nobleman said more important is her commitment to the city. "I'm a
lesbian but I'm also over 40, female, single, without kids,
self-supporting," she said, adding that she wants to focus building up
communities, "to include any group who happens to be marginalized, the
disabled, any religious minorities, women." "I don't have a gay and
lesbian agenda, I have a human agenda," she said. "I want to make
that clear." Though the city has instituted a hiring freeze because of a
budget shortfall, Nobleman will start next Monday. The freeze doesn't apply to
jobs considered "mission critical." Anderson said the position meets
that criteria. In a mingling of city
government and this year's mayoral election, Unity Utah, a political action
committee focused on gay issues that recently endorsed Anderson for
re-election, plans to issue a news release about the hiring to "run
interference" said executive director Michael Mitchell. Anderson said he
didn't ask for the release. "There could be some political fallout"
because Nobelman is a lesbian, Mitchell said. "I believe Blythe will do a
fantastic job." Also on Tuesday: The City Council rejected Councilwoman
Nancy Saxton's proposal to create a new public process to discuss time, place,
manner regulations for the Main Street Plaza. However, council members stressed
they will still consider such speech regulations as a way to solve a federal
lawsuit over the LDS Church's control of speech on the plaza. They will also
consider the mayor's plan to eliminate the easement and build a community
center in Glendale.
2006 The Easter Bunny is on it’s way! 2 Easter
Egg Hunts! Gay & Lesbian Parents of Utah Easter Egg Hunt: Sunday April 9th
we will be having an Easter egg hunt and pot luck Where: Big Cottonwood Park on
13th E. between 39th and 45th South in the big pavilion. When: 2:00 pm-4:00 pm
The kids should bring a bag or a basket to gather their Easter Eggs in. There
will be drinks and a cake, if everyone else would like to bring finger foods
and/or salads that would be great. Hosted by Kristin, Trista, & Julia GLPU
is an affiliate of the GLBT Community Center
 |
| Israel Rutherford |
2006 Israel (Izzy) R.
Rutherford of Salt Lake City left this earth the week of April 9 at the age of
26. He had suffered greatly with a seizure disorder the last 10 years, which
ultimately took his life. He grew up in Hooper, attending Fremont High until
his senior year, when he moved to Shepherd, Mont., graduating from Shepherd
High in 1998. He served a mission for the Church of Jesus Christ of Latter-day
Saints in San Jose, Calif. He enjoyed helping others, was active in Gay Lesbian
Bisexual Transgender Community Center of Utah and had a flair for theatrics,
helping to produce shows and cabarets throughout Salt Lake City. He also was a
member of the Rosie O’Donnell Fan Club. He is survived by his beloved cat,
Satin, Memorial services were held April 19 at Aaron’s Mortuary in Ogden and at the
home of Jon “Nova Starr” Griffin in Salt
Lake City. Many friends gathered to
remember Izzy’s life, toast to his memory and laugh to stories told by his
loving mother and aunt. We love you, Izzy! [Thursday, April 13, 2006 Izzy Rutherford you will be missed Current
mood: depressed It's hard to loose a
person in your life and know that they are gone. I am not good at loss. Izzy
was my friend and he was a good man, he shared his life with those around him
who cared and showed kindness to the world and her inhabitants. He was an avid
animal lover and loved his cat Satin more than most people ever love a pet. His
favorite past times were computer games and hanging out with his friends and
helping with those who did not have enough. He opened his home to so many and
his life for those who had no one else to turn to. Izzy God has a special place
for you in heaven. Your family will miss you and I miss you. For those of you
who knew him or those of you that did not, say a prayer for his family as they
grieve for the loss of an amazing guy.-Nova Starr] Nova
2014 Utah asks appeals court to block judge’s
orders in adoption cases Despite judge’s orders, Department of Health refuses
to issue new birth certificate for same-sex couple’s child. BY BROOKE ADAMS THE
SALT LAKE TRIBUNE The state is asking the Utah Supreme Court to block orders of
judges who approved adoptions for married same-sex couples so they are not able
to get amended birth certificates for their children. Attorneys for the Utah Department
of Health’s Office of Vital Records and Statistics say in petitions filed
Monday and Wednesday that 3rd District Judge Elizabeth A. Hruby-Mills “abused
[her] discretion” by approving an adoption for one couple and ordering the
agency to issue a new birth certificate for their child. In another adoption,
this one approved by 3rd District Judge
 |
| Andrew Stone |
Andrew Stone, state attorneys argue the
judge “erred’ by recognizing the couple’s same-sex marriage as valid. Hruby-Mills
approved the adoption on Feb. 13 and Vital Statistics received a request for an
amended document listing both parents in the mail on April 4. The state’s
petition says Hruby-Mills’ order violates “the plain text of the Utah
Constitution and Utah law prohibiting recognition of same-sex marriage.” One
petition asks the court to stay the order and the other requests a hearing on
the validity of the adoption decisions. The Office of the Utah Attorney General
said in a statement Wednesday that the judge, rather than the adoptive parents,
must file a response to the petitions. “Without guidance from Utah’s appellate
courts, compliance with the court order before the federal courts rule is
likely to create more uncertainty in Utah law and for Utah families,” the
statement said. Attorney Laura Milliken Gray, who represents several same-sex
couples trying to do second-parent adoptions said Wednesday that her clients
are “floored and dismayed” by the state’s “extraordinary steps to undo the
adoption that they believed in good faith was fully completed.” “My clients,
and others in their same place, feel as if the AG’s office is pummeling them at
this point by actively interfering with their private adoption cases and taking
the outrageous position that the Department of Health can ignore a district
court order,” Gray said. Equality Utah also issued a statement Thursday calling
the state’s action “a bombshell” that leaves thousands of Utah children
vulnerable. “This is unheard of and
 |
| Brandi Balken |
very disappointing,” said Brandie Balken,
executive director of Equality Utah. “The state is asking the Utah Supreme
Court to tell them they don’t have to follow the orders of judges who have
granted adoptions. Enabling all children to become a part of permanent,
lifelong families should be a defining goal of our state.” An unknown number of
same-sex couples who married after Utah’s Amendment 3 was overturned
subsequently filed second-parent adoption petitions. Adoption proceedings are
private and records are not listed on the court’s docketing system. But
according to several attorneys for same-sex couples, some judges asked them to
notify the Utah attorney general’s office of the proceedings. The attorney
general’s office filed opinions in those cases asking the judges to dismiss the
petitions or have the couples withdraw them until there is a final resolution
of its appeal contesting U.S. District Court Judge Robert J. Shelby’s Dec. 20
ruling that the ban on same-sex marriage is unconstitutional. The 10th Circuit
Court of Appeals is set to hear arguments in the case Thursday morning. Same-sex
marriages in Utah were halted on Jan. 6 by the U.S. Supreme
 |
| Robert Shelby |
Court, which
granted the state’s request for a stay. Two days later, Gov. Gary Herbert
directed state agencies to not provide benefits or otherwise recognize any of
the approximately 1,200 same-sex marriages performed in Utah during that 17-day
window. In at least a handful of adoption cases,
judges determined the marriages were valid at the time they took place and the
couples thus had vested rights in those marriages. A different judge who
approved an adoption also found the attorney general’s office had not properly
intervened or taken appropriate action to stop an adoption. Kimberly and Amber
Leary have an adoption petition that was finalized by Judge Stone. However, the
Office of Vital Records and Statistics refused last week to issue an amended
birth certificate for their 16-month-old daughter. They tried again Wednesday,
spending two
 |
| Kimberly & Amber Leary |
hours at the Department of Health, where they met with Director David
Patton. Kimberly Leary said Patton told them the state plans to appeal the
adoption decree granted by Stone, though no appeal has been filed in the case
yet. “We came here today with a court order directing the state to issue an
amended birth certificate for our daughter, and we really hoped the state would
comply with the judge’s order,” Kimberly Leary said Wednesday. “That didn’t
happen. Instead, the state that we love, that we choose to live in and work so
hard for, has again chosen to actively work against our family. It’s upsetting
and disappointing.” In its petitions, the state said because neither it nor the
health department was a party in those adoption proceedings, it could not seek
a stay in trial court. Gray said the state had other options than going to the
Utah Supreme Court. “The state has known about these adoptions and could have
filed for declaratory relief and not gone the “emergency” route,” she said. “My
clients feel that the state is intentionally bullying them.” But attorneys for
Utah say the judges’ orders are contrary to the law now in effect, which says
the state “will not recognize, enforce, or give legal effect” to any law that
gives marriage rights to same-sex couples. Without a stay, the department, the
couple and Utah’s law will experience “significant harm,” the petition said. “If
the Department of Health does not comply on the grounds that the judge has
abused his discretion by issuing an order that violates the Utah Constitution
and its laws, the Department of Health, and its agents, face the possibility of
contempt sanctions,” the petition filed against Hruby-Mills states. And if the
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| Elizabeth Hruby Mills |
department complies with the order, it will be violating Utah law and the
couple may be harmed by “wrongly” relying on an “illegally-issued birth
certificate for other benefits and protections not provided by Utah law.” Those
benefits include being able to provide health insurance for the child, and
having both parents able to make medical decisions and tax benefits. Although
the state said that only the judges were required to respond to the petition,
it was unclear to Gray what action her clients might have to take now. “We are
scrambling to respond to the state’s massive court filings, but my clients do
not have the money to fight the state of Utah,” she said. “This is money being
taken away from my clients and their children. This is causing my clients and
their families extreme emotional turmoil.”
2018 Sun-Trapp
owner Rob Goulding died. He was diagnosed with pancreatic cancer last summer. Royal
Court of the Golden Spike Empire Empress Tiana La Shaé announced his death on
the Court’s Facebook page: “Today we mourn the loss of long-time supporter of
the RCGSE and friend to the community, Rob Goulding. We appreciate Rob
welcoming us into the SunTrapp and giving us a place to call home. Thank you
for all the wonderful memories and may you Rest In Peace, dear friend.” He kept
the SunTrapp’s amazing traditions alive. He “created one amazing bar for people
to kick back, celebrate, have fun with friends, and create a family.” He loved the RCGSE, and was always happy to
help with all events! Rob was a huge supporter of the RCGSE and was willing to
make accommodations for the organization.
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