This Day In Gay Utah History February 3rd

                               3 February

1904 One armed Tramp Cremates Himself Sets Fire to His Sandy Prison House and Is Burned to Death- Arrested at Brigham Junction Yesterday Afternoon- His identity Has Not been Ascertained By the Officers. “the man was charged with indecent exposure and was arrested by Deputy Ira Beckstead, to whom complaints had been made of his strange conduct.

1950 1950 Sunday- Report Cites Need of Sex Program Dr. C.H. Harding Branch (1900-1974) a psychiatrist at the University of Utah’s Medical School  testified before Gov. J. Bracken Lee’s committee on sex crimes, stating that school children should be monitored for tendencies that might indicate that they will grow up to be sex offenders. ( SLTribune 02/03/50 page 17 col. 1)

1956 Police Chief Odes B. Record (1896-1988) Thursday night confirmed reports that a Police Records Bureau clerk was under investigation for indecent exposure in the hall way of an apartment house late Thursday afternoon. Chief Record said he was awaiting a full report from J.L. Allen, superintendent of records, before he makes any decision as to what action he must take in the case.  A mail carrier Tuesday afternoon hailed two radio patrol officers to report that a young man had exposed himself to him the hall way of an apartment house.  The officers whose names have not been revealed by investigating personnel conducted a preliminary investigation questioned the suspected records bureau clerk and reported his denial of guilt to Sgt. M. L. Christensen of the youth bureau.  According to Mr. Allen, the clerk was questioned Tuesday evening by Sgt. Christensen and admitted the act of exposure and offered to resign from the department.  The facts were reported to Chief Record, who asked Mr. Allen to make a thorough investigation and report the facts to the Chief’s office.  Mr. Allen said the clerk was one of his best workers.  He said the man admitted his guilt to him and again offered to resign. Mr. Allen said he had asked the man to consult psychiatrists to determined whether he could be helped.  The man’s report is to be made Saturday.  Mr. Allen said and if favorable Mr. Allen said he would ask Chief Record to keep the man in the department. (SLTribune 02/03/56 Page A-12 Col.5)

1956 Police Chief Odes B. Record (1896-1988) of Salt Lake City confirmed reports that a Police Records Bureau clerk was under investigation for indecent exposure to a mail carrier in the hallway of an apartment house. The clerk was questioned and admitted the act of exposure and offered to resign from the department. The facts were reported to Chief Record, who asked J.L. Allen, superintendent of records to make a thorough investigation and report the facts to the Chief's office. Allen said the clerk who was appointed to the department on 19 June 1950 was one of his best workers. He said the man admitted his guilt to him and offered to resign. Mr. Allen said he had asked the man to consult psychiatrists to determined whether he could be helped and Allen said and if the psychiatrists' report was favorable he would ask Chief Record to keep the man in the department. The clerk later turned in his resignation.

1964 Movie Pulled Out of 2 Theaters- A movie termed objectionable by vice squad officers because of nude scenes and a homosexual theme was pulled out of two Salt Lake Theaters Saturday after running only one day. Both theaters, a downtown movie house, and a drive-in, opened with a different picture the next day. The manager said the movie, “the Fourth Sex” was booked into Salt Lake City by his boss in California. Two members of the city’s sex squad, four vice squad officers and a representative of the Law Observation Committee of the Church of Jesus Christ of Latter Day Saints viewed the film and ruled it objectionable for showing in Salt Lake City. [Deseret News B-9]

1971-Frank Kameny announced his candidacy for DC's first congressional seat, becoming the first openly gay person to run for US Congress. He would come in fourth out of six.

1976- Monday Daily Utah Chronicle featured an article on the lack of psychological help for homosexuals.  “Psychological Help Falls Short “pages 4-5

Steve Holbrook

1976 Ut Rep. Stephen Holbrook D-Salt Lake City, a Gay man, made a motion to hold tuition at the U of U to a minimum. The Daily Chronicle praised him saying, "Credit must go to Holbrook who has always been the student's protagonist."

1977 The office of Utah Lt. Governor David S. Monson granted the Metropolitan Community Church of Salt Lake permission to hold dance in the Rotunda of the State Capitol.

1978 William L Hutchinson, Salt Lake County Commissioner was accused of graft in a Deseret News article which at the very end also mentions an investigation of sex with a male underage minor.  “Hutchinson Charged in Campaign Violations” Meanwhile the Deseret News has learned that the county sheriff office has completed it’s investigation into another matter involving the commissioner and that the investigation has been turned over to the county attorney. Investigated have refused to comment publicly on the nature of the sheriff’s investigation, other then to say that the commissioner was confronted recently with claims involving homosexual activity with a minor. [Karen Gilmore Deseret News]

1978 Utah Daily Chronicle has article on Gay Mormon Underground at BYU

1984- A Post Holiday Blues Party held as a fund raiser for Utah’s Women Aware and 20 Jacob Rue. The auction raised funds to help the Rue get a new water heater and to keep the Newsletter publishing. "The Hairy Legs contest had few contests, due to so many of those present having had close encounters of the razor kind recently, but Carla Gourdin won the Sexiest Legs.

Mark  Lamar

1988- Mark LaMar called me about the tasks assigned to him. He called the forest service to find out whether we needed a permit to hold a Fairy Gathering. He called Bryant Intermediate School about holding dances there but the cost was too prohibitive. He called the bars to ask them to sell tickets to the Water Slide fund raiser and he picked up the forms the AIDS Quilt board needs to become a non profit organization. He also said that he called Beau Chaine on the Gay Help Line and was discouraged by the way he is handling calls. [1988 Journal of Ben Williams]

1988- The 1st Utah Gay and Lesbian Youth Group met today with topic "Gay Identity and Gay Culture Shock"

John Reeves

1988 Dr. John Reeves Ph.D. talked to the dean of Student Affairs at the Utah Valley Community College to let the Utah Valley Men's Group meet there. This was the beginning of the first cracks in the "monolithic Mormon strangle" hold on the Gays and Lesbians of Utah County. [1988 Journal of Ben Williams]

1988- KRCL's Concerning Gays and Lesbians program interviewed John Gatzmeyer on "Owning Our Own Power". John taught classes at Holy Cross Hospital using meditation and supportive methods structured after Louise Hay's book "You Can Heal Your Life".

1989 Friday- John Reeves called me from Boston to tell me about a conversation he had with Geoff McGrath recently. McGrath related how two boys from the Utah Valley’s Men’s Group were taking an Ethics class at BYU. The Instructor asked the class to write about an ethical dilemma they have had which would be held in strict confidence, These guys wrote that they were lovers and the Instructor turned them into BYU Standards Office. McGrath said that Derek Streeter and this professor were best of friends. [1988 Journal of Ben Williams] 

1993- A House panel decided to slap convicted prostitutes and their customers with a test for the AIDS virus even though the requirement may infringe on privacy rights. ``The state's interest in protecting health sometimes outweighs privacy,'' said Rep. Kurt E. Oscarson, D-Sandy, who sponsored the bill and helped the Health and Environment Committee pass it, 5-4. In a separate action, the full House passed a bill to force convicted sex offenders to submit to an HIV test at their victims' request and to pay for it. The bill, which passed 66-0, also provides for voluntary state-funded testing for victims of sex crimes. Kathryn D. Kendell of the Utah American Civil Liberties Union told the panel the bill is unconstitutional because it discriminates against prostitutes and their customers. She said they may have practiced safe sex, protecting one another from possible health hazards. `You are criminalizing a supposition,'' Ms. Kendall said. Robert Austin of the Utah AIDS  Foundation said the bill is a misguided attempt to curb infidelity, prostitution or the disease itself. He also said it might give the false appearance that prostitutes in Utah are free of AIDS and other sexually transmitted diseases. 02/04/93  Page: A6  SLTribune)

1996 Saturday SEX CRIMES With little discussion, a Utah House committee unanimously endorsed a pair of bills that would restructure sentencing for convicted sex offenders. The bills are part of a package aimed at dealing with an increasing number of sex offenders in the Utah prison system. Sen. Lyle Hillyard's bill, which would do away with controversial minimum-mandatory sentences for sex offenders, already has cleared the Senate and passed the House Judiciary Committee on Thursday. The measure also would give judges and the Board of Pardons and Parole more leeway in dealing with child sex offenders. The second bill, sponsored by Rep. John Valentine, R-Orem, would require lifetime parole for sex offenders convicted of first-degree felonies. Valentine said the crimes would include child kidnapping, aggravated kidnapping, rape, sodomy and forcible sexual abuse. Hillyard's bill would mandate prison for the most heinous sex offenses and murder, but provides circumstances under which those inmates could be released before serving minimum sentences of six-, 10- or 15-years-to-life. (Deseret News Publishing Co)

1999-The US Army initiated an investigation into out Arizona state representative Steve May's reserve status. May is an openly gay Republican.

2004 Why are we all worried about a movie? Good question. After all, with what has been

Tim  Keller 

going on in this years legislative session the censorship of a movie can certainly seem trivial. Mr. Hicks also asks the question: 'I wonder if you think about your future and think about our community and our Civil Rights'? For my part the answer quite simply is of course we do, and with all due respect to Mr. hicks opinion, I resent the implication that writing about and expressing our displeasure at being censored somehow makes us derelict in our civic duties as good fags. It is entirely possible to act on both issues you know. I share your frustration with the idiots in the legislature but you act as though this is the very first time the legislature has ever called us bad names and tried to righteous-late us out of existence. This, or some twisted variation of it happens almost every year. I hate it and I do what I can to fight it. But the reality is this particular fight will ultimately be decided in the courts. I for one take some solace in the bitter irony that even if the bill passes {and it seems likely to do so} …. Its effect will be negligible. We cant get married now and should it pass we still cant.  Now here's a question for you. Don't you realize this is part of the same fight? In your letter you suggest if we want to see the movie so badly we should just jump on a bus, in our cars or hop a plane and go to LA or New York. {Presumably where things are more liberal and we can actually go to a movie we want to see.} or we could even wait till its on DVD and buy it. Following this train of thought to its ultimate if absurd conclusion, I Suppose we could jump on a bus, in our cars or on a plane and go to Vermont or CA or Mass. where things are more liberal and we can actually get some semblance of marriage rights, or …. better yet wait until the mess goes through courts, as it seems destined to do and get married here when we win. Both scenarios follow the old Mormon school of thought which says, Don’t like the way we do things? .... Leave ! Obviously this option is for most of us unacceptable. I realize the comparison isn’t really all that fair but if we cant even stop the opposition from pulling a movie they don’t want us to see . How can we expect to be of any influence on the narrow mind of a Chris Buttars? With regards to Latter Days, the lunatic fringe have effectively censored us. Is it permanent? No. But now they understand that they can. This seemingly trivial situation may well have some unforeseen consequences.  Understandably we need to fight this battle together, but we need to fight it on all fronts. Our rights are being squashed by a seemingly uncaring legislature, however our fundamental rights of free speech and expression are being squelched as well.. What battle in this cultural war will need to be won first? Tolerance and acceptance among my fellow community members? Or the convincing of an uncaring politician who answers to a constituency of bigots. Sincerely  Tim keller

2004 Mr. Hicks, This is email group is full of intelligent people, not imbeciles.  Surely you know this is not about just wanting to SEE a movie.  What it IS about is someone thinking they need to make a decision, for other adults, that this film may be inappropriate.  It's also possibly (though Madstone has denied this) about bowing to Mormon pressure.  That is why this issue needs to be examined. That does not mean, however, that the people talking about the Madstone decision and this movie are using all their precious energy on just one issue.  Of course there are other issues that are of more importance, but that doesn't make this one unworthy of examination. Toni Palmer

 2005 The Center is OPEN and full of exciting changes - check it out! THE CENTER 361 North 300 West Salt Lake City Utah 84103 "The Center Space" (formerly Stonewall Coffee - downstairs in the north building) OPEN 6-9 PM Monday thru Friday The former coffee shop is now the "Center Space" and is open to the community M-F from 6-9 PM.  It is still the place to come pick up magazines, access the internet, check out library books and check the message boards!  We are even serving drip coffee, hot tea, sodas and snacks, so there is no reason not to drop by.  Please pass the word along - we have a great community space to hang out in and get resources.  Additionally we have great events happening regularly.  Log on to www.glbtccu.org and check the room scheduling calendar for the most updated events and groups meeting on site. Check out what we have for the next month:

2005  Subject: Re: [Utah_Stonewall_History] Collective Oral History of the Radio City i would be more than happy to chat about the "good old days" at the radio city and the first sun i started going to them in 1978/i really started going earler w/ fake i.d.- Chuck Whyte

  

2005 Subject: Delegate Meeting  Ladies and Gentlemen, As most of you know, Sen. Paula Julander is resigning from the Senate due to health reasons. This Saturday, February 5th, 2005, there is to be a meeting of all the delegates from Senate District 2 in the Salt Lake County council room at 10:00 am. PLEASE attend and exercise your right as a delegate in selecting her replacement. I hope to see you all there. Mike Picardi, Chair, Utah Stonewall Democrats

2005  Subject: New Gay Men Yahoo Groupsite  mhswonson  To all Single Gay Men:I have

created a new yahoo group site called utahgaymentodate@yahoogroups.com to reach out to other Single Gay men. This site will be a place where we can communicate to other Gay men regarding dating Gay men like at the Gay Men's Health Summit. If you decide to join the group you are welcome to post your profile, talk about your issues of dating, sexuality, health, relationships, financial, emotional, and everything else that relates to dating other Gay men in Utah. Thanks, Mark Swonson

2006 Memorial for actor, writer Tierney will be held Friday The Salt Lake Tribune Salt Lake Tribune A memorial service for Eric Tierney, a local actor and arts writer who died Jan. 23 at age 26, will be Friday at 4 p.m. The service will be in the Jeanne Wagner Theatre of the Rose Wagner Performing Arts Center. Tierney was playing a starring role in Wasatch Theatre Company’s “Love! Valour! Compassion!” when he died during the play’s run. A graduate of West Jordan High School and the University of Utah’s Acting Training Program, Tierney wrote an events column, “The Gay Agenda,” as well as theater reviews and arts stories for Salt Lake Metro, the biweekly gay and lesbian newspaper. In lieu of flowers, the Tierney family has requested contributions to the film that Tierney was working on at the time of his death, a documentary about marriage sparked by the passing of Utah’s constitutional amendment banning gay marriages. Donations should be sent to: The Center for Documentary Film/Power Line Films, care of Frank Feldman, 1116 E. 300 South, Salt Lake City, UT 84102

2006 Winterfest 2006 This is an amazing GLBT event with over 20 activities February 3-12th! Mark your calendars and buy your tickets NOW! Check out www.slcwinterfest.com for all the details and to purchase tickets! Here is a taste of what you can expect: Winterfest Conference Utah’s first GLBT Conference includes Keynote speeches by Singer, Activist and teacher Holly Near and Matt Foreman, Executive Director of National Gay and Lesbian Task force. Topics range from sex, shame, queer theory and gender to the sanctity of marriage and the politics of oppression. There will be national experts flown in from around the country as well as local experts. This is an amazing first for Salt Lake and should not be missed ~ February 11th Winterfest Valentine’s Gala Roaring Twenties ~ February 11th ~ Cocktails, Silent Auction, Dinner, Live Caberet Show and Dancing: Come get a wiggle on while romance abounds at Utah’s 1st Annual Winterfest Valentine’s Gala. This shindig is complete with flappers, crooners, zoots and jim-dandies. Come as your favorite dame, moll, moocher or gangster; dolling-up in your best “20’s glad rags.” Festive attire is greatly encouraged. Varied seating opportunities at tables of 10 available for your dining pleasure. Flurries: Check www.slcwinterfest.com for dates, times and prices! • Opening Night Comedy Show ~ Three National Acts flown in for one amazing night of comedy! Jason Stuart, Michele Balan, Vidur Kapur • Four Film Premiers – Various nights: Unveiled, Dorian Blues, The Journey, Adam & Steve • Club Nights! ~ Friday Feb 10th ~ Boys night at the Trapp, Girls night at MoDiggities • Art show ~ Saturday Feb 4th ~ Amazing local GLBT Artists take Center Stage • Love Makes a Family Exhibit Opening ~ Tuesday February 7th ~ this amazing traveling exhibit comes to Utah. • Facing East Reading with Carol Lynn Pearson ~ Sunday February 12th • My Big Gay Utah Wedding ~ hilarious dinner theater with a twist! • Family Ice skating • Bowling Party night • Gay Ski Day • Sunday Brunch at the Judge Café Free Events all week long! Check www.slcwinterfest.com for dates and times & a complete listing!   • Music review and discussion~ come hear the latest in queer music and discuss how music plays a unique role in our lives at the Center~ Monday Feb 6th • Political Rally ~ Plaza at the state capital ~ Tuesday Feb 7th • Book Talk ~ Sam Weller co-sponsors a night of intriguing queer literature reviews at the Center ~ Wednesday February 8th • Gay Travel ~ current gay hot-spots, do’s and don’ts and unique cultural perspectives at the Center ~ Thursday February 9th • Neighborhood Potluck Socials! Kick-off is February 5th and will be held monthly there-after. This is a fun way to meet your queer neighbors and socialize, no matter where you live! • Community Service Project • Interfaith Service • Collegiate Queer Leadership Development Seminar

 

Chris Buttars 

2006 Clubs bill may replace Buttars' Measure may include a rating system for parents By Jennifer Toomer-Cook Deseret Morning News Another "more aggressive" bill banning certain student clubs in public schools is coming with a possible new twist — a clubs rating system for parents. The proposal may replace one sponsored by Sen. Chris Buttars, if his health problems keep him from returning to the Capitol this session. Rep. Aaron Tilton, R-Springville, says his HB393, "Public Education Club Amendments," is close to public release and will look "virtually identical" to SB97, proposed by Buttars, R-West Jordan. "I will probably be more aggressive in my bill" and require parental notification of some kind, Tilton said. The bill also "may or may not" set up a rating system, such as those for movies, that the school district could apply "so a parent would be made aware . . . of the (club's) nature, that might conflict with a value they might hold." The rating, if Tilton pursues it, might be

Aaron Tilton

included in a parental permission slip, he said. "It will restrict clubs, in my opinion, that . . . don't adhere to community standards," Tilton said of the bill. "If you're a minor, you can't engage in sexual activity." Tilton says he has been working with Buttars, whose SB97 was made public earlier this week, a decade after the political firestorm and lawsuits surrounding the East High Gay-Straight Alliance in the Salt Lake City School District. Undisclosed health problems have limited Buttars' time at the Legislature and could keep him away at least until next week, said Senate President John Valentine, R-Orem. No senators were stepping up to carry SB97, leaving questions about its fate. "I support what Chris is trying to do with that bill," said Sen. Curt Bramble, R-Provo, who leaders said was prepared to carry Buttars' other bills, including the controversial Origins of Life legislation, if he doesn't return. Bramble said he opposes gay and lesbian clubs or any others "based on sexuality" being allowed in public schools. But, he added, "I will not be running the clubs bill." "I don't have the background," he said. "(It) takes a fairly significant commitment to understand the nuances" of court rulings on clubs at a time when he's focused on tax reform legislation. SB97 directs schools to deny clubs or their use of school buildings if their charter or activities would encourage criminal conduct, promote bigotry or involve human sexuality, which is defined as, among other things, "promoting or encouraging self-labeling by students in terms of sexual orientation" and "disclosing attitudes or personal conduct of students or members of their families regarding sexual orientation, attitudes or beliefs." Clubs also could be denied if the school deems it necessary to protect the "physical, emotional, psychological or moral well-being of students and faculty," maintain order, protect parent and student rights, maintain "boundaries of socially appropriate behavior" or ensure compliance with all applicable laws and policies. School boards would determine which clubs meet those standards. Last December Buttars said he would carry a bill that would ban gay-straight alliances, 14 of which have been created in Utah high schools. Earlier this week, he said SB97 is "designed to catch all non-desirable clubs, be it a Nazi club, abortion club or sodomy club." Equality Utah opposes the bill. Martin Bates, Granite School District attorney and assistant to the superintendent, questions whether the bill would affect formation of gay-straight alliances unless they talk about sex, which a handful of principals say they don't. The principals have said the clubs are more like service groups. It's uncertain whether Buttars would seek to turn the bill over to anyone else, whether anyone else would carry it, or whether Buttars would be able to run it himself, Senate President John Valentine, R-Orem. "This is not an issue we're really anxious to take up at this time unless Sen. Buttars is here to do it," Senate Majority Leader Pete Knudson, R-Brigham City, said. "There are certain pieces of legislation the come before (lawmakers) when the sponsor of that legislation is the best person . . . to do it justice," he said. "I don't think there is anyone here who could do it justice. He should do it."

  

2009 Gay-rights campaign launches an ad blitz After watching its legislative push for gay rights suffer a major defeat last week, Equality Utah is firing back with a multimedia ad blitz. On Sunday, close-to-full-page ads, touting the Common Ground Initiative, ran in The Salt Lake Tribune and Deseret News . On Monday, two billboards sprouted along Interstate 15 and radio spots popped up on several stations. The first of the four bills in Equality Utah's initiative wilted before a legislative committee last week. Author:    Rosemary Winters The Salt Lake Tribune

2010 Gay-rights deal grows shaky By Rosemary Winters And Robert Gehrke The Salt Lake Tribune 02/03/2010 A delicately woven deal to keep pro- and anti-gay-rights bills off the agenda for the 2010 Legislature could be unraveling. Last week, Rep. Christine Johnson, D-Salt Lake City, and Sen. Howard Stephenson, R-Draper, announced a "compromise" aimed at keeping lawmakers from challenging ordinances in Salt Lake City and Salt Lake County that protect gay and transgender residents from housing and workplace discrimination. Johnson plans to drop a statewide anti-discrimination bill for the session and instead launch a yearlong study of such statutes in Utah and out. If Johnson's bill, HB128, garners approval, a legislative committee would decide whether to recommend action on anti-discrimination in 2011.  But some Republicans still are weighing whether to push bills that could break the truce. And they might ask for modifications to the study bill, which is co-sponsored by Stephenson, that could prove to be deal breakers. "It's hard to tell exactly what will happen in the end," Stephenson said Wednesday. "It is a fragile agreement, but I'm hopeful that we can get everyone to stand down this year and to let cooler heads prevail." Senate Majority Whip Wayne Niederhauser, R-Sandy, has opened a bill file for a resolution regarding the traditional family. But he said he will support the compromise -- besides Johnson, two other Democrats are dropping gay-rights bills -- if it is "a real moratorium" that holds together and issues over the interim study can be resolved. Sen. Ben McAdams, D-Salt Lake City, who has set aside his wrongful-death bill as part of the compromise, said he needs to see the resolution's language before he could say if it would blow up the stand-down. "We'll need to see what the legislation is before we decide what our reaction is," he said, "but I would urge them to not add flame to the fire." Johnson said she is pressing ahead with the compromise. "Until my colleagues come forward and say that the deal is dead," she said, "I'm going to move forward."

Jake Anderegg 

2014 Utah lawmakers back away from offensive ‘changing gender’ tweets BY ROBERT GEHRKE THE SALT LAKE TRIBUNE Two Utah lawmakers — including Senate President Wayne Niederhauser — apologized Monday for a Twitter exchange about changing genders that drew quick outrage on social media. Rep. Jake Anderegg, R-Lehi, posted Monday morning on Twitter that the private House men’s restroom was occupied, and he was “strongly considering a gender identifying change to use the open women’s.” That drew a response from Niederhauser’s account, teasing Anderegg for agreeing to co-sponsor a bill banning discrimination against gay, lesbian, bisexual and transgender Utahns — the result of a computer glitch Friday — “now switching your gender identity? Just can’t keep up with you! You’re a new man. Er … woman.” The exchange drew instant outrage from other Twitter users, who scolded both lawmakers for making light of serious issue that has been at the forefront this legislative session. In addition to the nondiscrimination issue, lawmakers are proposing bills requiring transgender people to use the restroom of their gender at birth and a series of other bills relating to same-sex marriage. “To see them joking around like that, it’s hurtful and painful,” said “Claire,” a transgender Utahn who asked her real name not be used. “It’s just upsetting that politicians always distill transgender issues down to our genitals and using the bathroom and ignore all the rest of the experiences to reduce our struggle down to those two issues and then make social media jokes about it.” Both lawmakers apologized for the tweets.  Niederhauser, R-Sandy, said the tweets were actually sent by his intern who “took some liberties.”  “It’s an embarrassing situation for me, and it’s an embarrassing situation for her,” Niederhauser said. “The tweet does not reflect anything I believe in. I have deep respect for the people in the LGBT community and continue to do so.” Niederhauser said he invited the group Equality Utah to the Capitol on Monday evening to discuss the sensitivity of LGBT issues. Anderegg said he didn’t mean to be insulting, but didn’t understand the sensitivity of the issue. “I completely own it. It was inappropriate. … It was an offhand, stupid comment and I was trying to be funny,” he said. “The truth is I probably need to be a little more brought up to speed on the issue. It’s obviously very sensitive, in which case a tweet like that probably means something very hurtful to someone and I didn’t realize it was.”

Doug Wortham and Nick Nero

2014 Court rejects intervention by 3 Utah couples in gay marriage appeal BY BROOKE ADAMS THE SALT LAKE TRIBUNE The 10th Circuit Court of Appeals on Monday denied a motion to intervene in Utah’s same-sex marriage case filed by the New York attorney who prevailed in getting the U.S. Supreme Court to strike down the federal Defense of Marriage Act. Roberta A. Kaplan, representing three same-sex couples in Utah, had asked to be admitted as a party in the case and be allowed to participate in oral arguments, set for April 10. The couples are Douglas Wortham and Nicholas Nero; Lynn Beltran and Claudia O’Grady; and Stanford Rovig and Charles Fluke. The latter two couples married during the 17 days gay marriage was legal in Utah. Attorneys for the state of Utah are expected to file their opening brief late Monday night. The plaintiffs’ response is due Feb. 25. Kaplan’s motion said the couples asked the state and plaintiffs for consent to intervene but were rejected. Kaplan said the couples do not believe the arguments made by attorneys or the ruling by U.S. District Court Judge Robert J. Shelby adequately addressed all the infirmities in Utah’s constitutional ban. Specifically, Kaplan said there were problems with Section 2 of Amendment 3 — which denies any legal recognition of all forms of domestic unions, including legal marriages entered into in other states, involving gay couples. “In a case of this significance and importance, which has the potential to shape the trajectory of the quest of gay people for full civil equality, having greater participation by affected parties and greater airing of the issues can only benefit this court by providing the widest range of arguments and perspectives available,” Kaplan’s motion said.  One of the couples in the Utah case, however, was married in Iowa and numerous references were made in briefs filed by the plaintiffs’ attorneys to the fact that Utah law does not recognize marriages valid in other states or any other forms of committed relationships. Many references cited the U.S. Supreme Court decision, United States v. Windsor, in which Kaplan represented Edith Windsor, who sued after she had to pay inheritance taxes after her wife’s death. Kaplan said in her motion that if the court rejected the motion to intervene, she would file an amicus brief and request to be allowed to participate in oral argument. Peggy A. Tomsic, one of the Utah plaintiffs’ attorneys, said such filings were welcome. “We have encouraged many individuals and organizations to file friend-of-the-court briefs, and we encourage these couples to do the same,” Tomsic said.  So far, at least two motions requesting permission to file amicus briefs have been filed with the court. 

Steve Urquhart

2014 Notes for discrimination bill may be backfiring SB100 • Senate president: Posts on chamber door prove issue too emotional to hear. BY LEE DAVIDSON THE SALT LAKE TRIBUNE The doorway to the Utah Senate chamber is now wallpapered with notes from across the state, asking lawmakers to “hear SB100” to ban housing and employment discrimination against gays. But the hundreds of notes, posted in response to a plea last week from Sen. Steve Urquhart, R-St. George, may be backfiring. Senate President Wayne Niederhauser, R-Sandy, said Monday the notes are proof “there is a lot of emotion out there” over same-sex marriage and related issues. But, he added, the Legislature should stick with plans to let the issue cool down and not deal with more changes until the courts consider Utah’s appeal to a federal ruling that struck down its ban on same-sex marriage. “This is an emotional time. Let’s stop and pull our faculties together and address other issues this session and wait for the process [in court] … to take place and we’ll come back at another time to address religious liberties and other types of discrimination,” Niederhauser said. At a press conferences last Friday, Urquhart placed his own note on the Senate door that read “Hear SB100.” He asked Utahns to urge lawmakers to debate it, too. “I’m ecstatic about the reaction” and the quantity of notes sent and posted, Urquhart said Monday. “I’m just trying to hide my smile every time I walk past it.” He was not daunted by Niederhauser’s negative reaction. “My job is to move the bill forward and to convince my colleagues that it needs to be heard. If leadership is still saying that it won’t be heard, I haven’t done my job yet,” Urquhart said, adding he then will pursue another approach. “I think I know how this issues ends eventually,” he added. “It is a question of whether we pass this legislation this year or next year or sometime after. I just want to be a positive part of the dialogue so society can move forward on this. I just hope that I am doing this like a statesman.” Niederhauser said he feels if same-sex marriage issues are put on hold, lawmakers also want to delay action on SB100. “Although there’s not a direct tie to same-sex marriage, they are sister and companion issues,” he said, adding that if bills on one side move, “we could open up the floodgates.” “It is most important for us right now to take some time,” Niederhauser said. “Let’s not get too anxious. The best kind of policy is the policy that takes some time and has had a lot of deliberation.” Urquhart said a ban on discrimination against members of the lesbian, gay, bisexual and transgender community has been proposed in the Legislature for five years — long before the same-sex marriage ruling — and has broad public support. Last year, it received committee approval, but was not heard on the Senate floor. A poll conducted for The Salt Lake Tribune found that 60 percent of Utahns support a bill banning workplace and housing discrimination, while 35 percent opposed it.