Tuesday, February 25, 2014

This Day In Gay Utah History February 25th

25 February 25-
1892 Salt Lake News James Conley is accused of having made an indecent exposure of his person and will have the opportunity to explain himself tomorrow. The Standard Ogden Utah

1950 The problem of control and punishment of sex offenders in Utah does not call for new
J Bracken Lee
legislation but for better administration of existing laws. Dr. Arthur L. Beely told Utah Committee of Children and Youth, Friday, at the capitol.  The committee was named by Gov. J. Bracken Lee and asked to study the problem of controlling sex offenders. (SLTribune 02/25/50 page 13 col.6)

1975, in State v. Atkinson, the Utah Supreme Court refused to reduce the sentence of a man sentenced to 1-15 years in prison for sodomy with a minor. The curious aspect of this case is that Atkinson had been sentenced in 1974, allegedly under a felony sodomy law. However, in 1969, the penalty had been reduced to a misdemeanor (q.v.) and the trial judge and the Court of Appeals were both apparently unaware of that fact. The trial court decided on its own that force had been used by Atkinson in his sexual act, and sentenced him to 1-15 years. The Utah Supreme Court noted that the 1-15 year sentence was less than the 3-20 years he could have gotten under the old law. "Inasmuch as the defendant actually has a lesser sentence than would have been warranted under the law, we do not see wherein he has any just cause for complaint." Atkinson then went into federal court. In 1978, in Atkinson v. Smith, the Tenth Circuit Court of Appeals unanimously directed that he have his sentence reduced, pointing out that there was no evidence of the use of force by Atkinson. The per curiam decision tersely stated that it was axiomatic that due process does not permit one to be tried, convicted or sentenced for a crime with which he has not been charged or about which he has not been properly notified. The federal court maintained the error about the applicable law, also overlooking the 1969 misdemeanor statute.

1977 Utah Daily Chronicle pg. 4 GAYS ARE PEOPLE As much as society and its institutions seem intent on fighting it, there is still only one conclusion ultimately possible about homosexuals-they are human beings with the same basic needs, desires, emotions, and wants as anyone else. No better no worse. But there are those refuse to see that . The MCC of Salt lake recently applied to use the capitol Rotunda for a dance. Renting the rotunda for social events is a common practice among churches, fraternal organizations, etc. Originally the church was granted permission.  Then a few days later Lt. Gov. David Monson reversed the decision and told the church that “because of the nature of their organization,” they would not be allowed to rent the facility. Why? Because the MCC openly admits that many of its members are Gay. So what? Gay or not, the members of the church pays taxes to support the up keep of state offices like the Capitol building. And if other churches comprised of tax paying citizens are allowed to rent the capitol rotunda for a dance, why shouldn’t the MCC be accorded the same privilege? In recent statements, Lt. Gov., Monson has said that in denying the church’s application he was fulfilling an “obligation to see that public buildings are used for purposes that meet the approval of the majority of the community.” We are to actually believe that a dance in the capitol rotunda sponsored by a Protestant Church is actually going to offend the community? Monson admitted that his actions were discriminatory but also benevolently offered to reconsider if the group can “demonstrate it is not a homosexual organization.” What would Monson have them do? Take lie detector tests? Perform a heterosexual sex before being admitted to the dance?  Such a suggestion is symptomatic of his lack of understanding of the situation. Monson’s actions and attitudes are an ugly reminder of the social stigma that are all too common place in our society.  We seem intent on forever keeping certain social minorities in their oppressed positions as 2nd class citizens.  When public officials openly endorse and enforce discrimination, the hope of it ever being eliminated becomes frightenly dim. We hope that the MCC has the resources to win a legal battle over the state’s discriminatory practices.  The location of the dance is a minor matter. The oppression of people is not.

1982-Wisconsin became the first state to pass a state wide Gay civil rights law. The bill was signed into law by Gov. Lee S. Dreyfus ( R).

1983-Gay Playwright Tennessee Williams died in New York City at age 71. By the late
1930s Williams had finally accepted his homosexuality. In New York City he joined a gay social circle.  

1988-I had to be out to Salt Lake Community College to be on a panel for John Reeve’s Sociology class. The class wanted to speak to a panel of homosexuals and on the panel were Curtis Jensen, Chris Brown, and Joe Dewey all from LGSU and myself.. I think we performed well and John Reeves was pleased.  I hope we destroyed some stereotypes.

1991 Monday In the evening I went to LGSU and David Sharpton was at the meeting. It was good to see him up and about but he's so frail looking compared to what he was. [Journal of Ben Williams]

Robert Austin 
1993 `Robert Austin, of the Utah AIDS Foundation, spoke about discrimination through laws and anti-discrimination legislation in a talk entitled `Against Gays,'' at the U of U.

1996 By DeAnn Evans Last year about this time I wrote, ``Everything appears to be on schedule in this year's Legislature. The system is clogged with bills, major money decisions have yet to be made -- and legislators are plotting revenge against the news media.'' This year, with a few subtle differences, I could simply write, ``Ditto.'' Legislators once again are angry at journalists. The issues and the revenge factor have changed. This year's prime reason involves reports on the Senate's closed-door meeting to discuss the gay/lesbian-club controversy. And legislators have not yet stooped to the level of the silly list some circulated last year to rate journalists. It's hard to be sympathetic toward senators in the current controversy. After all, even those responsible for the closed caucus admit that it violated Utah's Open Meetings Act. It's always ludicrous when those who pass the laws end up violating them. Even if one accepts the senators' contention that the meeting fell within an exemption allowed under the open-meetings law -- to discuss pending litigation -- senators still should be criticized for failing to vote on whether the meeting should be closed and neglecting to keep minutes or record the proceedings. These are all requirements of the law -- you know, those things senators swear to uphold as they begin their service. However pure the senators' intentions were, they looked nefarious, especially since the joint caucus topic was announced on the Senate floor as the State Uniform School Fund. If this was a discussion so vital to their role as the public's representatives, why weren't the senators upfront enough to announce that the topic would be pending litigation regarding school clubs? Citizens -- and journalists -- were locked out of the meeting, so we can only rely on reports from those who attended and didn't like what they heard. Admittedly, many of these sources have vested interests. Probably most are Democrats who like nothing better than seeing their Republican counterparts shellacked by the news media. Ironically, the key senators behind the closed meeting have complained that the proceedings have been distorted in media reports. Those things happen when the public is kept out and journalists have to rely on unnamed sources' versions of how the public's business was transacted. Sen. Howard Stephenson, R-Draper, has written letters to the editor and appeared on talk shows to call news reports ``full of false information.'' Has it dawned on Stephenson that the open-meetings law is designed to protect him, and all public officials, against erroneous reports just as clearly as it protects citizens? If the actions and intentions of those who conducted this meeting have been misunderstood, perhaps they'll be more apt to include citizens the next time they have a public issue to discuss. In fairness to the senators, they may not be the worst violators of the open-meetings law. The Summit County Commission conducted 64 ``executive,'' or closed-door, sessions in the first 10 months of 1995. But legislators, who make the laws, should be exemplary in upholding those laws, especially the open-meetings law. The episode underscores the need to strengthen Utah's open-meetings law, which is toothless because it specifies no penalties.  The only recourse for citizens is to bring a lawsuit, as the ACLU has done against the Utah Senate.Journalists serve as protectors of public rights by calling the public's attention to violations of the open-meetings law -- but, to be fair, their motives are not entirely pure because they get a hot story out of the deal. Caught in the middle of this legislators/journalists tug-of-war are Utah's citizens, who deserve to have their representatives conduct their business in public -- not in secret. DeAnn Evans, a former newspaper managing editor, is an assistant professor in the University of Utah Department of Communication.

1996 PRO GAY OPINION GAY STUDENT CLUBS MORALITY ISN'T ISSUE ON GAY CLUBS Lately I have seen many articles in the Deseret News that are against the forming of a club that has the constitutional right to be formed. People opposed to the gay and lesbian clubs have argued that the club is illegal, immoral and controversial. Some people even prefer getting rid of all clubs, for the sole purpose of keeping gays and lesbians from forming a club. These people, who argue that homosexuality is sodomy and therefore illegal, seem to miss the fact that sodomy is any unnatural sex. They therefore seem to advocate that any sex that does not result in a pregnancy is illegal. I personally don't understand why people are so upset about giving equal rights to their fellow human beings. There is even proposed legislation to allow elected officials to control what happens in schools by deciding if it is moral or not. If this gay-bashing is promoted by our elected officials, who will be their next target? You can't give the government the right to take away freedoms based on it being "immoral." If you do, you are only a few steps away from total communism. By giving the government the power to decide what is moral, you can be assured that the many corrupt politicians out there will want to decide that it is "immoral" not to allow them to give themselves million-dollar raises. Jaron Lindow Highland Deseret News 

1996 SAYING GOODBYE By Joseph Bauman, Staff Writer Assigned to write a school report, Amanda Kidd was ready. The 10-year-old wrote it straight from the heart. "My mom died of AIDS. Her name was Cindy Jean Kidd. My mom died Jan. 17, 1996, at 6:16 p.m.," Amanda said, carefully reading the report aloud for the Deseret News. “I came home from swim team and was waiting for my mom to get home from the hospital. She wanted to die in her bed at home with me and my brother Walter watching her, but she didn't. She died with my older sister. My sister is 20. "She was in a van on her way coming home. She took two breaths and then passed away. She was about two blocks away from my house." The hospital people brought her in the house and put her in her bed . . . "Me and my brother went in the room to hug my mom even though she was dead. Each person in our family got a lock of hair. The hair was braided. Then the cremators – whatever they're called, mortuary (people) - came and took her away." I was mad and sad because I didn't want the mortuary to come and take her away because I wanted my mom to stay with me until I was at least a teenager, but I guess I don't always get my own way." Amanda was able to express herself about such a traumatic and tragic loss because Cindy and her husband, Brian Kidd, had prepared the children to cope with the horror of AIDS and death. Cindy and Brian were married only two months when she was diagnosed with the disease. Four years later, Cindy was dead at age 39.In the meantime she had become one of Utah's leading AIDS activists. She edited the Positive Press, a monthly newsletter for people who are HIV positive or have AIDS and others who are concerned about the disease. She and another woman sued to overturn a state law that banned the marriage of AIDS victims. The suit wasn't symbolic, Brian Kidd said during an interview at the family's two-story brick home. "As far as the law was written, it would have made our marriage void - you know, automatic annulment whether you want it or not." He spoke in a quiet, sad voice, leaning back in an easy chair, once or twice brushing away tears. Close above on the mantelpiece stood photos; a glass globe with a ribbon engraved on the surface, an award from the People With AIDS Coalition of Utah; a bronze-colored urn that held her ashes. When Brian and Cindy were married, they didn't know she had AIDS or that the Utah Legislature had passed a law in 1987 that would invalidate the marriage of people with AIDS. Later, Brian legally adopted Cindy's twins, Amanda and Walter. When they found out about the law, they felt the marriage had to be fully legal in order for the adoptions to be valid. (Besides the twins, Cindy Kidd had a son, Michael Vincent, whom she placed for adoption in 1982, and a daughter, Beverly Stoddard, who was 20 when Cindy died.) "It was really important for us," he said of the suit. "Actually, it was kind of fun, being able to go against the government and win. Go against the establishment and say, "Hey, that's not right.' "In late 1993, U.S. District Judge Aldon J. Anderson ruled the AIDS law was unconstitutional. "Oh, we were both very excited about it. . . . It was a good victory." Although it was hard to do, she quit her work with the Positive Press in May 1995 so she could spend time with the family and say goodbye. The twins were getting counseling to help them understand and deal with her coming death. And Brian and Cindy helped them cope by being as honest as possible with them. "We never held anything back," he said. "Anytime there was any news that something was going good or bad or whatever, we always made sure we were upfront with the twins, that they knew everything that was going on. "That way, he said, they would not have to face any terrible surprises. Not that her illness and death didn't wrack the entire family. As Beverly wrote in her journal two days after her mother's death, "So if I was ever supposed to learn and fully understand pain - sadness, sorrow, hurt, anger, confusion . . . this is the time. I don't think I can put into words how incredibly bad I'm hurting inside. "During an interview nearly a month later, Walter sprawled on the floor addressing valentines for all the kids in his class. Amanda was busy coloring a valentine box, and as she talked she kept darkening more of the box with a black magic marker. Asked what he misses most about Cindy, Walter said simply, "Her hugs." In the last few months, he and his mother used to "just go up in her room and talk." They would discuss "what it would be like when she died: It'd be harder. It'd be kind of hard to go to school sometimes. "What did she tell him to do at those times? "Be strong," he said. Also, his mother would take him out to eat "and we did fun stuff…Like when she took me and my friends swimming. "His folks were always honest about it, he said. "When you asked, she would say what was going to happen." Amanda recalled special outings with her mother. "When the boys went out to, like, games… she would let me pick someplace I wanted (to visit for dinner). I picked Blimpie's. "Cindy used to give talks at high schools about the dangers of AIDS. "If she did even save one person, she accomplished what she was trying to do," Brian said. He recalled that his wife's deterioration happened in steps. Every time she got sick, her health dropped a little further. When she recovered, she wasn't quite as well as she had been before. "And she'd lose a lot of weight," he said. Despite trying as hard as she could to keep weight on, "she'd lose 10 pounds and gain eight." Two or three weeks before the end, "she found out that her viral load was beginning to get really high and over powering." Cindy heard of a new drug that sounded promising and wanted to try it. She was checking on the possibility of taking the medication when her body failed. "I think she was incredibly brave about the whole thing…She spent most of her time trying to help other people that were also infected to try to make it easier on them to deal with it, and to try to make sure that even more people didn't get infected," he said. At the hospital, Amanda was scared to see her "all hooked up to all the tubes." She was afraid to touch her at first, but then overcame her fears. Finally, as Cindy lay dying and unable to talk, "she would squeeze my hand when I read to her," Amanda said.

1998-President Clinton accused a group of Republicans of anti-Gay bias for blocking a vote on the confirmation of James Hormel as ambassador to Luxembourg.

Stuart Matis
2000 Henry Stuart Matis (1967-2000) Committed suicide- On February 25, 2000, Stuart Matis drove to the LDS chapel in Los Altos, California, and took his life. He was frustrated by the efforts by the LDS Church to pass Proposition 22, and he felt that he could not reconcile his religion and his homosexuality. He was 32 years old. After high school, Stuart enrolled in BYU and served a mission in Italy (where he met Clay Whitmer). After graduation, in 1996, he started to work for Andersen Consulting in California. Stuart left a suicide note in which he requested that there not be a funeral, because he wanted to be remembered alive. But his mother said that so many people came to her home and expressed love and told them that they needed to use the occasion to educate people about homosexuality, that they decided to hold the funeral. The day of the funeral the chapel was full. The speakers were Stuart's mother, his father, and Robert Rees. Stuart's mother talked about the hurtful things people say about homosexuals. She said that we need to be more tolerant toward all of God's children. Affirmation: Gay and Lesbian Mormons held a service in Salt Lake City. On March 19, 2000, in the middle of a raging snowstorm, 200 people and the Salt Lake Men's Choir gave tribute to Stuart and to DJ Thompson. Stuart hoped that greater understanding would come from his death. His suicide letter reassured his parents of his love for them and talked about what wonderful parents they were. He said that he was at peace with himself and was freed from the chains of his mortality. Stuart is buried at the Orem City Cemetery in Utah. His brother Bill wrote the following: "To those who feel that my brother was no better than a murderer or an adulterer, I would like to say that the murderer and adulterer choose to be what they are. My brother didn't choose to be homosexual any more than you or I chose the color of our skin. Many who knew him say that he was one of the most Christ-like people they had ever met. He was a son, brother, uncle, nephew, cousin and true friend." Words by Stuart: "I implore the students at BYU [Brigham Young University] to re-assess their homophobic feelings. Seek to understand first before you make comments. We have the same needs as you. We desire to love and be loved. We desire to live our lives with happiness. We are not a threat to you or your families. We are your sons, daughters, brothers, sisters, neighbors, co-workers and friends, and most importantly, we are all children of God." Suggested Readings: New Play Focuses on Gay Mormon Suicide   February 2008 Bishop Rees Reviews “In Quiet Desperation”   December 2005 “In Quiet Desperation”: An Open Letter to Marilyn Matis Gay Mormon Kills Self on Church Steps. The Salt Lake Tribune, 3 March 2000, p. A11. Gay Mormon Suicides Mourned in Prop's Wake (Sunstone 118 [April 2001]: 90-91). To Be Gay--And Mormon. Newsweek, 8 May 2000, pp. 38-39.


2003 50 Rally Against Hate-Crimes Bill About 50 people -- mostly conservative Republicans -- held a Capitol rally Monday night urging Utah's Legislature to kill proposed hate-crimes legislation based on opposition from the state GOP's governing Central Committee.     "It's not a correct principle," said rally organizer Gayle Ruzicka, head of the Utah Eagle Forum. The predominant Church of Jesus Christ of Latter-day Saints issued a statement last week clarifying that it did not oppose House Bill 85. Ruzicka insisted the Mormon leaders issued their statement only to quash rumors the church endorsed the bill.  The rally was mainly held to publicize the Utah GOP Central Committee's resolution over the weekend denouncing the attempt to stiffen penalties for crimes committed out of bias against a victim's race, ethnicity, nationality, gender, religion or sexual orientation.    -- Dan Harrie


2003 Test Vaccine Flunks as an AIDS Shield BY LAURIE GARRETT NEWSDAY The first potential AIDS vaccine tested in large numbers of people has proved a failure, though its manufacturer, VaxGen, says there is some evidence that the product may be effective among blacks and Asian Americans. Overall, AIDSVax -- the first anti-HIV vaccine to complete Phase III clinical trials -- offered no protection to the volunteers who received it. After three years, the results were statistically identical: 5.8 percent of the placebo group became infected with the human immunodeficiency virus, compared with 5.7 percent of those receiving the vaccine.  Of the 5,009 volunteers who completed the trial, 4,185 were white. Most were gay men deemed at risk due to their lifestyles. Volunteers came from the United States, Canada, Puerto Rico and Europe "We were disappointed that the vaccine did not produce a reduction in infections in all population groups," VaxGen CEO Lance Gordon said Monday in a briefing. "The study did not show a statistically significant reduction of HIV infection within the study population as a whole, which was the primary end point of the trial."  Among the 314 black volunteers, VaxGen reported 13 infections: 4 among the 203 volunteers who received the vaccine, and nine in the placebo group of 111. Of the Asian American volunteers, two of the 20 who got the placebo became HIV infected, as did two of the 53 who got the vaccine, said Michael Para of Ohio State School of Medicine, who led the statistical analysis conducted for VaxGen. "You're right, the numbers are small," Para said at the VaxGen briefing when asked about the results among black volunteers.  VaxGen reported that the blood of black and Asian volunteers who received the vaccine also showed higher levels of antibodies against HIV.  With that evidence, along with the results for black and Asian volunteers, Gordon said VaxGen will seek a license from the U.S. Food and Drug Administration for manufacture and sale of the vaccine, and will turn to the World Health Organization, PanAmerican Health Organization and Gates Foundation for funding for distribution. "That is, to say the least, premature," Peter Piot, director of the U.N. AIDS Programme, said from Geneva. "We will not support raising funds for distribution of this vaccine."  WHO and UNAIDS might consider the vaccine's use, Piot said, if another VaxGen trial now under way in Thailand yields better overall results. Gordon indicated those results will be released later this year.

   

2003 The Utah Stonewall Historical Society is moving to the new Salt Lake Public Library! Join the Utah Stonewall Historical Society at the New Salt Lake City Library!  It is a great space that lends itself to the betterment and growth of the historical society. Meetings the third Wednesday of every month.  Our meetings included presentations by community historians on the Lambda Community, time to review current works in progress, or share items of a historic nature, and open dialog. Next Meeting March 19, 2003 7:00pm 3rd Floor Fireplace Lounge


2003 WE NEED TO KEEP WORKING! Gayle and her forces are working overtime to try to kill the hate crimes measure currently working its way around the hill.  She called it “the most dangerous legislation this session” a week ago and held a press conference last night that was widely covered in the media asking for people to contact their legislators immediately about it. HB 85 is now back in rules and could die there if we can’t get it back onto the floor.  HB needs to be debated in the open and not killed in committee.  It was initially let out of the House Law Enforcement and Criminal Justice Committee with a vote of 8-3 which shows that there is a need for a floor vote in the House and Senate.  There is also a rumor that there will be an amendment offered that strikes “sexual orientation” as one of the groups covered under the bill. This would be a travesty of the bill’s intent considering that hate crimes in Utah based on sexual orientation are the third highest numbers. It’s imperative that you contact your representative about HB 85.  IF YOU CONTACTED THEM YESTERDAY, PLEASE DO SO AGAIN TODAY.  Also, please cc your email to Speaker Stephens at martystephens@utah.gov, Marda Dillree (Rules Committee Chair) at mdillree@utah.gov and Morgan Philpot (Vice Chair of Rules) at mphilpot@utah.gov. If you are a parent, you might want to say “as a parent raising children in Utah…” or something to that effect.  If you are LDS, comment on that.  It’s important that they hear from people like them on this issue as well as those who are not like them. Stress that HB 85 is a law enforcement tool asked for by Attorney General Mark Shurtleff, especially as hate groups have targeted Utah as a place to relocate and recruit.   HB 85 covers ALL Utahns in its list of affected groups.  As noted in a Deseret News editorial last week, it does not create special rights or special protected classes, nor does it legislate thought.  It is one more tool that law enforcement has in our fight to stamp out hateful criminal actions committed against someone due to the victim’s real or perceived membership in particular group.    It’s incredibly important with this bill to be courteous in your interactions with our representatives.  It’s important that we seem reasonable and open to talk to about it.  Unity Utah is the state's gay/lesbian political action committee and works to empower our community and allies to actively participate in all levels of the political process. Unity Utah

153 West 200 South Salt Lake City, UT  84101





2003 Subject: RE: CALENDAR--UTAH STONEWALL HISTORICAL SOCIETY Chad, I have a multi media slide presentation on the "Beyond Stonewall" retreat we did in the mountains and a show on "Pride Day".  I would like to show it to you and whoever at my home.  Ben Williams has a video tape of the Beyond Stonewall but it is better on the projectors. If you are interested, I would like to put an evening together and invite you and others over.  Weeknights the best....M-Thur. Please let me know. Dan Fahndrich



2003  Drew Christian Staffanson finally succumbed to AIDS in Salt Lake City, Utah on Monday, Feb. 25, 2002.  Drew was born Oct. 8, 1962, the seventh of nine children of Forrest L. and RoLayne Rich Staffanson. He grew up in Ogden, Utah where he earned his Eagle Scout Award and graduated from Ben Lomond High School. He then served an LDS Mission in Portugal. Drew graduated summa cum laude from the University of Utah, with Bachelor of Arts degrees in communication and Middle East studies in 1989. He also studied a year abroad at the American University in Cairo, Egypt.   Drew moved to Saudi Arabia and worked as a journalist during the Gulf War. He spent time covering Kuwait, India, Pakistan and the Arabian Gulf. He returned to Utah in 1992 after being diagnosed with HIV. Drew was extremely fortunate to have high quality care during his final days.  He is so grateful to his family who continuously supported him; to his loving, selfless partner, Michael Shayne Bell, who was always by his side; to Dr. Kristen Ries and the entire staff at the University of Utah Medical Clinic 1-A and to the many professionals and friends who are either infected with or affected by AIDS. Drew is survived by his loving partner, Michael Shayne Bell of Salt Lake City

2005 Friday Subject: Re: Documentary Film  From: "Mark Barr & Scott McCoy" To: "Ben Williams"  Ben –thanks for the congratulations w/ Scott’s new position (it’s shaken things up a bit).  - Anyway, I looked at the website – and you have a lot of great info, but I was wondering if I could pick your brain for some suggestions for people you have come into contact with that might have an interesting story to share re: their personal Gay/Mormon story.   We're looking for men and women who have been through shock or extensive reparative therapy, closeted and married types, and people who have decided to stay celibate and active in church, people who have been kicked out of their homes etc. We are also trying to find videos of Church leaders talking about homosexuality in conference or at BYU etc. - and any Historic angles you can think of with the Church and their stance or LDS member etc. Thanks Ben  - Mark
  
2006 Music – Center Space (7pm) Singer/songwriter/poet/actress and all around bombastic entertainer, Amy Steinberg, will be coming through Salt Lake City during her national spring tour. Steinberg is touring in support of her 7th indie cd, "Must Be The Moon" which has been called "almost supernatural" and "astonishing." Recently, Amy performed at the Michigan Womyn's Festival and has had the pleasure of sharing the stage with phenomenal artists such as Melissa Ferrick, Alix Olson, and Ani Difranco

2010 Defense claims accusers to blame Published on Standard-Examiner  Defense claims accusers to blame By cmayorga Standard-Examiner staff OGDEN — The defense promised to show the listed victims were actually the aggressors as trial began Wednesday for a man accused of assaulting a lesbian and a gay man while yelling homophobic slurs. Christopher Vonnegut Allen, 31, is accused of beating the two the night of June 2 at an Ogden apartment complex, leaving the woman unconscious with a broken nose. He is charged with burglary, in this instance entering a residence with intent to commit assault, a second-degree felony that could bring up to 15 years in prison. He also is charged with two counts of assault, punishable by up to a year in county jail. In their testimony at a preliminary hearing, Wil Phillips, 24, and Whitney Michelle Goich, 20, described unprovoked attacks by Allen. Phillips said he bit Allen on the arm in self-defense. Goich required surgery to repair her nose and a crushed tear duct. But defense attorney Brian Duncan, in opening arguments Wednesday, said Allen would take the stand with a different version of what happened. “He’s not denying the fact of the confrontations,” Duncan told the jury. “He hit both Wil and Whitney.” But Phillips started the chain of events, Duncan said, by biting Allen on the arm that night at a party in the Mirador apartment complex at 3415 Harrison Blvd. “You’ll see photographs of the deeply embedded teeth marks in my client’s arm,” Duncan said. Phillips wouldn’t release his bite, he said, until Allen hit and kicked him.  But Duncan did not confront Phillips with his theory of the case that he was the aggressor when Phillips took the stand Wednesday. “He’s not going to admit to that,” Duncan said during a recess. “I’m not going for a Perry Mason moment here.” Goich, seeking revenge, was following Allen after the fight with Phillips broke up, Duncan told the jury. Allen swung on her in self-defense, he said. The case being heard before 2nd District Judge Mark DeCaria is expected to go to the eight-member jury this afternoon. Phillips was the first witness to take the stand Wednesday, saying he was lying on a couch when Allen straddled him, pinning his arms to his sides and slapping him. “He keeps on yelling at me that he’s not gay.” Phillips said he bit Allen on the arm at one point before a friend was able to pull Allen off. The friend led Allen out of the apartment three or four times, Phillips said, but Allen would slip back in to kick him again as he lay in a fetal position on the couch, covering his head with his arms. In his opening statement, Deputy Weber County Attorney Branden Miles showed the jury color photographs taken the night of the confrontation. A bruise on Phillips’ arm is clearly visible and matches the pattern of the sole of Allen’s shoes. 

2014 Senators: Utah narrowly dodged Arizona’s fate on gay bias bill Religious liberty • Dabakis says Utah would have become ‘the goofball capital.’ BY ROBERT GEHRKE THE SALT LAKE TRIBUNE The national firestorm pouring down on Arizona could have easily been focused on Utah if the Legislature hadn’t shelved a similar bill pitting gay rights and religious freedom, according to the sponsor, Sen. Stuart Reid. But Reid, R-Ogden, said that, even after he leaves the Legislature at the end of the year, Utah will have to deal with the issue, because protections for lesbian, gay, bisexual and transgender Utahns cannot exist alongside religious liberty. “I would have anticipated that here in this state, as well,” Reid said in an interview. “The LGBT community can’t afford for religious rights to be defined and protected in that way, in the way Arizona is now doing it.” Reid introduced a trio of bills early in the session, including one that mirrors the religious freedom bill passed by the Arizona Legislature. That bill is awaiting a signature — or veto — from Gov. Jan Brewer amid a barrage of criticism that it would let people and businesses refuse service to gay Arizonans based on their religious belief. Conventions have threatened to boycott Arizona in the wake of passage of the bill and several Fortune 500 companies, the state’s two U.S. senators, former Republican presidential nominee Mitt Romney and even some legislators who voted for the bill are now urging Brewer’s veto. But with Utah appealing a federal court ruling striking down its ban on same-sex marriage, legislative leaders decided to punt, not just on Reid’s bills, but on SB100, Sen. Steve Urquhart’s bill prohibiting employment and housing discrimination against LGBT individuals. Sen. Jim Dabakis, D-Salt Lake City, the only openly gay member of the Utah Legislature, said the state dodged a bullet by shelving Reid’s bill. “All the ridicule and all the embarrassment and all the stupidity that Arizona is now facing … that is a genie that can’t be put in the bottle,” he said. “Arizona is going to continue to look weird and dumb and stupid and Utah came this close to leading the way.” Dabakis said he was offered a deal last year to pass a statewide non-discrimination ordinance if it incorporated language like Arizona’s allowing people to discriminate based on religious beliefs, but he refused. “I think it saved the state this tremendous embarrassment of being the goofball capital of the country,” Dabakis said. Senate President Wayne Niederhauser, R-Sandy, said there is a “distinct chance” that Utah could have ended up in the same situation as Arizona, which could have hurt the state’s marriage appeal. “It could have happened here,” he said. “It really highlights that I think we’ve done the right thing.” Niederhauser said he expects the Legislature to study the religious-liberty issue during the summer and possibly address it next year. Reid said it has to happen sometime, because there is an irreconcilable tension between religious liberty and LGBT rights. “They can’t coexist because for people of religious conscience, it is a fundamental issue and for the LGBT community it’s an issue of creating a protected class,” Reid said. Reid said there is not real discrimination against LGBT individuals — Salt Lake City has reported just three complaints since it passed its ordinance in 2009, all dismissed. But Reid said that, when individuals are forced to provide services or accommodate a gay marriage “it can become an affront to religious conscience.” 

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