Monday, June 16, 2014

This Day In Gay Utah History June 15th

15 June
1960 A verdict of innocent has been handed down by city court Judge Maurice D Jones in the case of Ron Zenger, 127 2nd Avenue, charged with lewdness  in the sale of an obscene record. [Deseret News]

1965 Tuesday-Three members of the Weber County Sheriff Department spent most of the
George Moriarty
day testifying of the arrest and interrogation of Leon Dyer and Gary Horning. Sheriff Leroy Hadley testified that Horning told him he met George Moriarty January 1st in Salt Lake City where they “drank most of the day” and visited several taverns playing shuffleboard. Horning told Moriarty that he had to be in Ogden the next morning for a drawing with the Utah Fish and Game Commission. Moriarty according to Horning said he would like to go along and “have a party”. In Ogden the night of January 1st after visiting several bars, Moriarty and Horning met Leon Dyer in an Ogden Tavern. Dyer and Horning visited in a bar in Ogden but Moriarty “didn’t feel too good’.  Horning told the sheriff that is when Dyer started to hit Moriarty and that Moriarty began to run away. Horning said he called after Moriarty that he would freeze to death.  Moriarty had no clothes when he ran away in the cold January night. (06/16/65 Page A20 SLTribune)

1970-The Gay Liberation Front held a demonstration in support of members of the Black Panthers who had been arrested.

John Holmes
1978 Randy Taylor manager of the Studio Theater, 228 South State Street Wednesday was arrested by Salt Lake City vice officers on charges he knowingly exhibited pornographic material. Taylor, 25, was named in a complaint filed Tuesday . Officer seized 2 films “Tapestry of Passion” featuring porn star John Holmes and “Expectations”. (Salt Lake Tribune page C6)

1982- Paul Swenson  Film Critic and Editor of Utah Holiday Magazine discussed current films on Gay related themes including Victor/Victoria, Partners, Making Love and Deathtrap at Salt Lake Chapter of Affirmation.

1984- The Unicorn Pub relocates in Ogden to 430 25th Street and becomes the Blue Horizon after Ron Carver bought out interest of Tammy Twitchell and became sole owner of the Unicorn.

1984 The Cavern in Salt Lake opened in Salt Lake as a Gay coffee house on 1st South and 3rd East.

1997-  A Gay bar called the Barbwire Club was opened and owned by straight couple Scott and Brandy Scog..

2000  The Salt Lake Tribune 06/15/2000     Page: B1 Board May Lift Ban on School Clubs S.L. District reviews policy; federal court appeal pending; School Clubs: Status Undergoing Review By Salt Lake District.  The Salt Lake City School District's policy banning nonacademic clubs is under review after a state agency opted not to pay for an appeal of a federal injunction that allows a Gay-issues club to meet.    U.S. District Judge Tena Campbell forced East High School in April to let students form a group called PRISM, where students talk about homosexuality as it relates to government, history and sociology.  The Salt Lake City School District appealed the injunction to Denver's 10th U.S. Circuit Court on May 26. The district recently learned that the Division of Risk Management, the state's self-insurance agency, will not cover costs of the appeal. The division typically does not pay to fight injunctions.    School district officials said they will pay for a private attorney to continue with the appeal. The cost of fighting the injunction was not known Wednesday.    In the meantime, school board members said they are considering a policy change that would allow clubs currently banned, including those organized around sports or politics, to meet once again.    "The kids want their clubs back," said Joel Briscoe, a board member. "If they [PRISM] can legally meet, then why shouldn't we allow all the other clubs to meet as well?"    Currently, only academic clubs are sanctioned by the school district. Such clubs are sponsored by teachers, and members are allowed to advertise their meetings with fliers and over the school intercom. All nonacademic clubs were banned in 1996 as a result of the district's interest in preventing students from meeting to discuss homosexuality. Students who want to form noncurricular clubs can meet under the Utah Civic Center Act, which allows community groups to rent space after school.  But they are not sponsored by the school and cannot advertise their meetings.    School board members will discuss  club policy during their meeting July 18. In the future the district could emulate  the policy used in the Granite School District. Granite's policy complies with a federal statute that says any school that receives federal funds and also allows noncurricular clubs cannot limit or discriminate against what goes on in those groups on the basis of religious, political or philosophical views. In Granite, teachers supervise, but don't sponsor, nonacademic clubs and members are allowed to use classrooms free of charge after school.    If Salt Lake City District does welcome nonacademic clubs, the district may require students to get parental permission to join, said Kathy Black, board president.  "If [they] have a controversial club we believe parents ought to know what their children are involved in," she said.  The two East High School students who sued to form PRISM have said their goal was to bring all clubs back.    The two teens, backed by the Utah Chapter of the American Civil Liberties Union, claimed the district violated their rights to free expression when it turned down their club application. That civil suit is still pending.

2003   SALT LAKE MEN'S CHOIR CONCERT - THE SWEETEST SOUNDS - THE MUSIC OF BROADWAY When:  Sunday June 15,  7:30 PM Where: Rose Wagner Performing Arts Center,  138 West 200 South, Salt Lake City

2003 Peaches, On behalf of the Cyber Sluts ... a big thank you to
Donald Steward
everyone who volunteered and helped us with this year’s Pride Parade. No one was run over, electrocuted by overhead lines or trampled scrambling for Mardi Gras beads, so we think it went relatively well. We are posting our conclusions of what worked and what didn't on this site, and hoping to hear feedback from you all before we start planning next year’s parade. Things that worked: 

1). The balloon pillars looked fabulous. They were colorful, cheap and easy to move ... oh wait, that's us! 
2). The parade route was compact, logical and there was actually shade for those who wanted it. 
3). Placing the giant rainbow flag at the end of the line up gave the parade a nice conclusion, and they raised the most money for the Utah AIDS Foundation ever (I think it was about $1,200, but don't quote me). 
4). The color-coded column line-up in the assembly area moved well and there was no overlapping sound systems or gaps in the parade. The west-to-east directions worked well, as did the prohibition on engine idling and sound systems in the set-up area. 
Things that sucked: 
1). Entries with multiple vehicles that arrived at different times, could not be placed together. Even vehicles for the grand marshal and dignitaries showed up late. For rude! 
2). Barricades for the disassembly area did not get put in place before spectators started camping out. With the largest concentration of pedestrians and spectators on the parade route inside that block, the parade backed up, floats could not exit, and the transition was unnecessarily hazardous. 
3). There were no trash cans on 300 South Street in the assembly area. 
4). The parade started way early and did not give people time to unload, set up their booths on the festival grounds or park. 
These are our recommendations that we are sending to Gay and Lesbian Community Center of Utah Inc. and Pride to consider for next year: 
1). Start the parade at 10:00 a.m.
2). Start the welcoming ceremonies at noon. This gives folks time to orient themselves and do a quick once over of the festival site. It also gives parade participants time to catch their breath (i.e., Salt Lake Men’s Choir, etc.). 
3). Have a preassembly area on the west end of 300 South Street so that groups can collect themselves and all of their vehicles, before being placed into their final line-up slot. 4). Offer a discount or entry-fee waiver for groups entering the parade for their first year. This would encourage more groups both gay and gay-friendly to participate in the parade. 5). Block off 200 East Street between 300 and 400 South streets at 8:00 a.m. with trestle barricades and a police unit who can give directions. So, that's it in a nutshell people. Tell us what you think. Love,
Fergie [Donald Steward] and the Sluts

2005 Salt Lake City creates Human Rights Commission Unanimous Vote by Council With a unanimous vote of 7-0 last night, the Salt Lake City Council approved an ordinance that creates a Human Rights Commission for the capitol city. The commission will serve as an advisory body to the Council and Mayor, as well as providing resources for educating the citizenry on issues of discrimination and equal treatment of all segments of society. Commission members will be chosen by the Mayor and approved by the Council. "The creation of the commission is a great statement that Salt Lake City will not tolerate discrimination of any kind," said Councilmember Jill Remington Love, who along with Councilmember Eric Jergensen, have been working on the ordinance for close to three years.  To create the commission we pulled together varied interests such as Equality Utah, NCCJ, University of Utah and Westside Neighborhood Partners, as well as many community and religious leaders from across our city," said Councilmember Eric Jergensen "This shows that people of good will, no matter their background, can come together and work toward a common goal that benefits everyone." "The practice of discrimination against... groups, communities, or individuals on the grounds of age, ancestry, color, disability, gender, national origin, marital status, medical condition, physical limitation, race, religion, or sexual orientation, and the related exploitation of prejudice, adversely affects the general welfare of the City and the vitality of its neighborhoods," the ordinance reads. "Discriminatory practices are detrimental because they impede the social and economic progress of the City by preventing all people from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, essential to the growth and vitality of its neighborhoods and businesses." The idea of a human rights commission was presented to members of the council over three years ago by Equality Utah, specifically board members Jane Marquardt and Tim Houpt and executive director Michael Mitchell.
Michael Mitchell
They have been working since then with Jergensen and Love on the ordinance. "The Human Rights Commission is a magnificent gift to the city that creates a formal dialogue between city government and its citizens around issues of human rights," said Equality Utah Executive Director Michael Mitchell. "That it passed with unanimous support says that the Salt Lake City Council and Mayor's Office is ready to lead that dialogue in a constructive, meaningful and proactive way."  "I'm very proud of the work that has been done around the passage of this ordinance and look forward to the upcoming process of working to eliminate discrimination in Salt Lake City. I am happy to see our capitol city join the dozens of other municipalities and states across the nation that have created such commissions."

Trey Brown
2005 The Gay, Lesbian, Bisexual & Transgender Community Center of Utah 355 North 300 West Salt Lake City, UT 84103 FOR IMMEDIATE RELEASE Contact: Jennifer Nuttall Program Director Gena Edvalson Gender Justice Coordinator Utah Progressive Network AFTER THE MURDER OF A LATINA LESBIAN UTAH COMMUNITY SAYS NO TO HATE AND VIOLENCE Salt Lake City, Utah – June 15, 2005 – Utah is reeling from the first hate crime of 2005. On Friday, June 10th, two days before Utah celebrated Gay Pride Day, Norma Hernandez Espinoza was murdered. The accused is Trey Holloway Brown, her girlfriend's estranged husband. The stabbing happened after Brown arrived at his wife's apartment early Friday morning and they argued about their three children. At some point Espinoza became involved in the argument, after which Brown chased Espinoza out of the apartment with a knife. He then stabbed her in the apartment complex parking lot while his nine-year old daughter called 911. Neighbors reported that Brown specifically targeted Espinoza and that he jumped on her chest and kicked her even after she was dead. "This is a crime that affects many people in many different segments of our community," says Gena Edvalson, Gender Justice Coordinator at Utah Progressive Network. "Espinoza was a woman, a Latina, and a lesbian who was killed at the hands of an enraged man. This is a time for everyone in our community to stand in solidarity. We must say no to violence against women and violence against lesbians. This is a time for all the members of our community – regardless of race, ethnicity or sexual orientation – to stand side by side." The Gay, Lesbian, Bisexual, Transgender Community Center of Utah and Utah Progressive Network (UPNET) are encouraging all concerned citizens to attend a candlelight vigil for Norma Hernandez Espinoza on Friday, June 16th at 6:30 pm at Jordan Park. Jordan Park is located at 900 W. and 1100 S. in Salt Lake City. The Gay, Lesbian, Bisexual, Transgender Community Center of Utah has also started a memorial fund to help raise money to defer the costs of the funeral and sending Norma back to her family in Mexico. Any donations received over and above the needed amount will go to the community group Latina Lesbianas Unidas, a local group that works to ensure fair treatment of Latina lesbians living in Utah. You can make a contribution at the vigil, or through the Center at 361 N. 300 W., Salt Lake City, Utah 84103. "We must combat the voices of those who hate," says Edvalson, "and we must stand together as friends and neighbors to show that we, as a community of love and understanding, are a greater force than hate and violence."

2005 Utah GLBT Business Guild Social Mixer Wednesday, June 15, 2005 - Social Mixer
Karl Bennion
Orbit Café 540 W 200 S Salt Lake City, UT 84101 6:00 - 8:00 PM "Tell A Friend We Mean Business" Come relax, eat and mingle with fellow Guild members! RSVP on e-vite greatly appreciated or call Karl [Bennion] For more information or to learn about the guild call and talk to Karl Thank you to Peery Hotel for hosting our May Social Mixer / Networking Event Peery Hotel historic ambiance... timeless charm... distinguished service 110 West Broadway (300 South) Salt Lake City, UT 84101 801.521.4300
  • Business Insight: Karl Bennion PUBLISHED MAY 23, 2005 KARL BENNION Director of the Utah Gay, Lesbian, Bisexual and Transgender Business Guild 
  • 1. What is the Utah GLBT Business Guild and when was it formed? The Utah GLBT Business Guild exists to help foster the growth and development of the Gay, Lesbian, Bisexual, and Transgender community and GLBT-friendly businesses and services through advocacy, education, and legislation. It also promotes the businesses and services of the GLBT community for the betterment and growth of the entire community. The guild officially kicked off Feb. 28, 2002. In essence, it is a chamber of commerce for the GLBT community. 
  • 2. Why does Utah's gay community need its own chamber of commerce? The GLBT community, like many minority groups, suffers prejudice from the community at large. We work to strengthen businesses through networking, education and support for legislation that puts the GLBT community on an equally footing with others. Some businesses don't have strong anti-discrimination policies that protect GLBT members from being treated differently than other people, such as being forced to endure derogatory statements about the GLBT community at company staff meetings. It is our desire to drive GLBT community dollars into businesses that are gay owned, gay friendly or demonstrate acceptance. Locally and nationally, legislation ignores the needs and rights of the GLBT community, as families and business owners. The Utah Legislature made a strong discriminatory statement against GLBT families by enacting Amendment No. 3, defining marriage as possible only between a man and a woman. This denies the GLBT community benefits that come automatically with marriage. Strengthening families also strengthens their businesses. The Legislature also has scuttled hate crimes bills including the GLBT community as a protected group, despite federal legislation identifying the community as one of the most targeted groups for hate crimes. Amendment No. 3 codifies discrimination against the GLBT community. 
  • 3. What networking opportunities are there for gay and gay-friendly business owners? The Guild's calendar is at http://utahglbtbusinessguild.org. The Guild has a monthly social networking meeting where members and the community can meet and connect for business. We encourage members to look first to other Guild members for goods and services. If that fails, we encourage them to use the Little Lavender Book, a directory of goods and services within the GLBT community produced by Aware Media Management. 
  • 4. What are the guild's goals for the next two to five years? We always look to expand membership to strengthen the Guild and better meet the community's needs. Guild membership is free. People can sign up online at http://utahglbtbusinessguild.org. In the next five years we want to broaden the Guild's exposure by co-branding our events with other community businesses. We are applying for non-profit status, which will help us to accomplish that. We will lobby for legislation that helps the GLBT community. We will work to ensure local government officials realize we are normal human beings. We want to bring in resources to help GLBT businesses understand how to strengthen their operations through business-plan development, marketing, access to venture capital and more.

Christine Johnson
2010 After giving birth, lesbian lawmaker leaving Utah By Rosemary Winters The Salt Lake Tribune Rep. Christine Johnson, a Salt Lake City Democrat, is packing up her life in Utah for a move to South Carolina. The lesbian legislator grabbed headlines earlier this year when she announced, during the legislative session, she was carrying a baby as a surrogate mom for a gay couple. This month, she gave birth to the baby, a boy. Johnson reports the infant is healthy and at home with his dads, both close friends of hers. She plans to maintain an aunt-like relationship with the child, who is the biological son of Johnson and one of the two gay men. “It doesn’t feel like giving the baby away,” Johnson said in an interview. “It feels like sharing the way we have intended to share.” Johnson has an 18-year-old daughter who is leaving Utah to attend college in Seattle this fall. Johnson is heading to the opposite coast to serve as executive director of South Carolina Equality, where she will be a full-time advocate for LGBT rights. She starts on July 1. "I'm feeling really excited about my new responsibilities and the opportunity to create some positive change in another conservative state," said Johnson, who plans to return to Utah in the future to visit friends and the baby. During her four years in the Utah Legislature, Johnson pushed, unsuccessfully but repeatedly, for a statewide law that would protect gay and transgender residents from housing and employment discrimination. She also called for an end to the U.S. military’s ban on openly gay service members. In November, Democrat Joel Briscoe and Republican Rick Raile will compete for Johnson’s District 25 seat. 

2018  Excluded LGBT groups will march in July 4 parade after striking compromise with America’s Freedom Festival Salt Lake Tribune By Benjamin Wood Provo • Five support organizations for lesbian, gay, bisexual and transgender Utahns will reportedly be allowed to participate in next month’s July Fourth parade after reaching a compromise with America’s
Kendall Wilcox
Freedom Festival, the parade’s organizer. Kendall Wilcox, a member of Mormons Building Bridges, said the LGBT organizations plan to consolidate into two parade entries, including a float provided by festival organizers. “That’s a huge sign of good faith and good will,” Wilcox said. “It’s a slight miracle — or a big miracle, frankly — that we walked out of there with a compromise.”  The LGBT organizations’ individual parade applications were previously denied by America’s Freedom Festival, which generated criticism from residents and accusations that festival organizers had breached nondiscrimination clauses in its contracts with Provo City and Utah County. Wilcox and other representatives of Utah’s LGBT community met with festival organizers for more than two hours on Thursday, in what Wilcox described as one of the most intense meetings of his life. He said there was anger, tears, frustration and pain as individuals on both sides of the issue expressed their concerns. “It was a very human, messy endeavor,” Wilcox said. “But in the end, we had a bit of grace and that brought us to a compromise.” Stephenie Larsen,
Stephanie Larsen
founder of Encircle, said she anticipates reapplying separately from the two consolidated entries for her organization to march in a “pre-parade” portion of the event. Larsen was among the participants of Thursday’s two-hour meeting. She said the time did not allow for a final determination for Encircle, which focuses on LGBT teens, but that she’s optimistic the group will satisfy the festival’s criteria for participation.  “They want it more patriotic so I think we’re adding flags,” Larsen said. “Our only goal is to get in the parade and to celebrate freedom with the community.” Festival director Paul Warner could not be reached for comment after Thursday’s meeting. Encircle was approved and subsequently removed from last year’s
Nathan Ivie 
parade. The organization’s treatment was a primary factor in the inclusion of nondiscrimination language in this year’s contract and was cited Thursday by county and city government leaders as an error that should not be repeated by festival organizers. “We are so grateful that we have leaders who are willing to stand up for what’s right,” Larsen said, “and to abide by the law and to make our community a better place.” Utah County Commissioner Nathan Ivie threatened Wednesday to strip some of the festival’s public funding over the groups’ exclusion and remained skeptical Thursday morning after parade organizer’s offered to allow the denied groups to adjust and resubmit their applications.  “That’s great,” he told a crowd of roughly 50 people outside Provo City Hall. “I also know bulls--- when I see it.”  Ivie apologized for his “cowboy English” but said he was baffled by festival organizers’ decision to exclude lesbian, gay, bisexual and transgender groups despite signing nondiscrimination agreements. “I didn’t think somebody would be stupid enough to do what they did,” Ivie said. Utah County approved a $100,000 donation to the Freedom Festival
Michelle Kaufusi
earlier this year after the nonprofit signed its nondiscrimination agreement. Ivie said he’s willing to let the festival fix its mistakes. But he believes exclusion of all LGBT groups was a breach of contract, and if it stands, he would move to rescind county funding this year. If that’s not possible, he added, he would oppose continued public funding of the event in the future. They’re being excluded because they’re gay,” Ivie said. “Call a spade a spade.” Provo City leaders similarly questioned ongoing taxpayer support of the festival after its exclusions. Wayne Parker, the city’s chief administrative officer, said funding is likely “locked in” for next month’s festival but that there will be a policy discussion about whether, and in what form, city taxpayers will continue to support the annual event. And Provo Mayor Michelle Kaufusi said the city would review whether America’s Freedom Festival violated its contract with the city, including the nondiscrimination clause. The exclusion of the LGBT support groups just hours after she hailed the new nondiscrimination contract took Kaufusi’s breath away, she said, and she called on festival or
Paul Warner 
ganizers to work on a solution. “It’s not the Fourth of July yet, there’s still some time,” she said. “We’ve worked so hard to take two steps forward. And I kind of felt like this was a little bit of a step back.” Kaufusi and two members of her administration declined to meet with the media on Thursday, instead issuing live statements through a privately recorded video on Facebook, which cut off abruptly after roughly 15 minutes. Organizers of America’s Freedom Festival announced Wednesday that they would not allow 22 applicants into the July Fourth parade because they “were deemed outside the parameters of the parade guidelines.” These included five LGBT groups, two of which filed a joint application. Warner, the festival’s director, announced Thursday morning that the rejected groups would have a chance to modify their applications. HIs statement included some strict guidelines for applicants: that they should have a patriotic message, carry American flags, wear red, white and blue, have fewer than 150 members and not be “a group advertisement.” “Let’s celebrate America, pure and simple,” Warner said. The statement also reiterated that the nonprofit’s decision to exclude 22 applicants had
Erika Munson
nothing to do with prejudice or discrimination. “The Festival firmly stands for equal opportunity,” Warner said.
“However, the parade is a 4th of July celebration of America, not a special interest-oriented parade.” Wednesday’s news of the rejections came just hours after the nonprofit organization — which receives hundreds of thousands of dollars in taxpayer money — signed a new contract with Provo that included nondiscrimination language. The city is providing $150,000 in support to the nonprofit. State Sen. Curt Bramble, R-Provo, sponsored the proposal to give $100,000 in state assistance to the Freedom Festival this year, as he has in previous years. He is following the
Jordan Sgro
controversy closely. “I will reserve my opinion on continued funding based on how this all plays out this year,” Bramble told The Tribune. “I am concerned about tax dollars going to organizations that the optics — whether it’s the perception or the reality — the perception of discrimination is not consistent with the values of America.” Wilcox, of Mormons Building Bridges, said his organization was given no specifics on why its entry was denied for the fourth year in a row or what changes would be necessary for approval. “We have been given no further feedback beyond just a broad statement,” he said. “They feel that we are trying to promote our issues over and above the theme and the purpose of the parade, which is not true.” Mormons Building Bridges planned to feature LGBT veterans during the parade. Ivie, the county commissioner, referred to that entry to question the exclusions. “I can guarantee you a bunch of veterans marching in the parade is patriotic,” he said.  “The parade committee is sending the message that LGBTQ people are not welcome in the parade and are not welcome in Provo — and that’s a sad message,” said Erika Munson, also of Mormons Building Bridges. Jordan Sgro, Encircle’s chief program officer, said it was difficult for the group’s members to be told, again, that they’re not allowed to participate.  “It just reinforces the message that you’re not wanted,” Sgro said, “and that you’re not loved and that you’re not cared about.” In a prepared statement, Provo City Councilman George Handley said he is blessed to have a gay sibling and is grateful for the work of LGBT support organizations. He said he fails to see how the festival’s decision to exclude those groups is consistent with its nondiscrimination agreement. “I want to express my love and appreciation to the organizations and individuals who today may feel disheartened and rejected,” Handley said. “We need you in our community and we are better for your presence and service among us.” Reporter Sean P. Means contributed to this report.


2018 Jim Dabakis informed me how the Provo Freedom Parade made the decision to include the five LGBT groups. He contacted the Air Force Colonel who allows fly overs during the parade and told him how the Parade Directors thought they pulled a fast one by signing a nondiscrimination clause in their contract with Provo but did not include it in the regulations of the parade. Dabakis said he knew this officer had a Gay brother and he said absolutely he would not agree to a fly over if the LGBT groups were not Included. Then Jim called all the sponsors and politely thanked them but then informed them of the exclusion of Gay Groups. He said that the mayor of Provo is also a member of the Mama Dragons a support group for mothers who have LGBT children.  After all this the all white male directors of the parade caved and even waved the groups fees and donated a float for them. [Ben Williams]

2020  Supreme Court rules in favor of gay and transgender workers The justices issued a 6-3 decision Monday stating that federal employment discrimination law covers sexual orientation and gender identity-based offenses.  By Kelsey Dallas  Deseret News SALT LAKE CITY — Five years after legalizing same-sex marriage nationwide, the Supreme Court has disrupted the battle over LGBTQ rights yet again.  Justices ruled 6-3 Monday that it’s unlawful to fire someone for being gay or transgender. The federal ban on sex discrimination in the workplace covers sexual orientation and gender identity-based discrimination, the court said. The original authors of the Civil Rights Act of 1964 might not have anticipated this decision, but the ruling is necessary in order to satisfy “the law’s demands,” wrote Justice Neil Gorsuch in the majority opinion. “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what (civil rights law) forbids,” he said. The Supreme Court’s ruling closes the book on a group of combined cases stemming from workplace conflict in three different states. Justices were asked to decide if Title VII of the Civil Rights Act, which outlaws discrimination based on sex, offers legal protections to gay or transgender workers. Traditionally, sex discrimination cases have focused on alleged mistreatment related to an employee’s biological sex, rather than sexual orientation or gender identity, according to legal experts. Female workers might file a Title VII case after being fired for being pregnant or discovering that they were paid less than a man doing the same job. But, in recent years, several LGBTQ workers have filed sex discrimination claims and some have succeeded. Supporters of this approach believe that punishing someone for having a same-sex partner amounts to discriminating against them because of their biological sex. During oral arguments on Oct. 8, 2019, the Supreme Court’s more conservative justices took issue with this broader interpretation of sex discrimination, arguing that protections for gay and transgender workers should be added to employment law by Congress, not courts. “If the court takes this up and interprets (Title VII) to prohibit discrimination based on sexual orientation, we will be acting exactly like a legislature,” Justice Samuel Alito said during oral arguments. At the time, Gorsuch also seemed concerned about a ruling in favor of LGBTQ workers. He worried that such a decision could lead to “massive social upheaval” and force business owners across the country to adjust how they operate. “Nobody is questioning ... the legitimacy of the (discrimination) claims and the importance of them,” he said during oral arguments. But “it’s a question of judicial modesty.” The court’s more liberal justices maintained that it’s the Supreme Court’s job to interpret the legal texts before them, not to worry about what the law’s original authors would say or how the justices’ actions are viewed by outside observers. “For many years, the lodestar of this court’s statutory interpretation has been the text of a statute, not the legislative history,” Justice Elena Kagan said in October. In the majority opinion, Gorsuch embraces this viewpoint, arguing that “only the written word is the law.” “In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law,” he wrote. Alito filed a dissenting opinion joined by Justice Clarence Thomas. Justice Brett Kavanaugh filed a separate dissent. All three justices argued that, in changing how civil rights law will be applied moving forward, the court is acting like Congress. “There is only one word for what the court has done today: legislation,” Alito wrote, highlighting congressional efforts to add sexual orientation and gender identity protections to the Civil Rights Act. Sen. Mike Lee, R-Utah, tweeted Monday that he shares Alito’s concerns. Utah’s lone Democratic congressman, Rep. Ben McAdams, applauded the ruling in a press release that included praise for the Beehive State’s efforts to root out LGBTQ discrimination. “There’s no place in our country for discriminating against an employee on the basis of sex,” he said. “Utah was a leader in outlawing workplace and housing discrimination against LGBTQ individuals and now the high court has ruled those protections are the law of the land.” Many conservative legal advocacy groups decried the court’s decision on Monday, arguing that efforts to enforce the justices’ broad interpretation of sex discrimination will have devastating consequences. LGBTQ rights supporters will cite the decision to sue religious organizations, disrupt women’s sports and put some companies out of business, they said. “The Supreme Court got it wrong. The word ‘sex’ — still today and when Congress passed the Civil Rights Act of 1964 — refers to our biological reality as male or female,” said Ryan T. Anderson, a senior fellow with the Heritage foundation, in a statement. As a result of this ruling, churches and other faith-based institutions will have a harder time operating according to their sincerely held beliefs, wrote Russell Moore, president of the Southern Baptist Convention’s Ethics and Religious Liberty Commission, in an article about the decision. “The ruling … will have seismic implications for religious liberty, setting off potentially years of lawsuits and court struggles about what this means, for example, for religious organizations with religious convictions about the meaning of sex and sexuality,” he said. Moore’s organization, along with Catholic leaders and other faith groups, filed a Supreme Court brief last fall urging the justices to rule against the LGBTQ employees. They claimed that a ban on firing someone for being gay or transgender could disrupt a church’s ability to require employees to respect religious teachings. In a similar brief, leaders from Brigham Young University and other religiously affiliated schools argued that redefining sex discrimination in the employment context would lead to adjustments to a variety of other laws. A win for LGBTQ workers might eventually disrupt student housing rules, health care policy and faith-based colleges’ tax-exempt status, they wrote. “Altering the settled meaning of Title VII would negatively impact faith-based institutions of higher education in significant and far-reaching ways,” the brief from religious schools said. Other faith groups have expressed support for the workers, stating that it’s possible to protect religious freedom and end LGBTQ discrimination at the same time. “Turning away LGBTQ job applicants and employees, or terminating their employment due to their identity, isn’t religious freedom — it’s discrimination,” said Katy Joseph, director of policy and advocacy at Interfaith Alliance, in a statement. In the majority opinion, justices brought up potential faith-related conflicts and noted that Title VII includes a religious exemption. People of faith can also cite the First Amendment’s free exercise clause and federal religious freedom protections to defend against sex discrimination claims, Gorsuch wrote. “We are ... deeply concerned with preserving the promise of the free exercise of religion enshrined in our Constitution; that guarantee lies at the heart of our pluralistic society,” he said. The opinion did not outline how to balance protections for gay and transgender workers with religious freedom law, since the cases only tangentially dealt with religious beliefs. “How these doctrines protecting religious liberty interact with Title VII are questions for future cases,” Gorsuch wrote. He wasn’t the only person to highlight issues that remain unresolved. In its statement, the ACLU, which represented two of the three employees involved in the cases, argued that plenty of work still remains in efforts to protect members of the LGBTQ community nationwide. “Congress must affirm today’s decision and update our laws to ensure comprehensive and explicit protections for LGBTQ people and all people who face discrimination,” said James Esseks, who leads the ACLU’s LGBTQ and HIV project. The coalition behind the Fairness for All Act, a bill that would add sexual orientation and gender identity protections to federal civil rights law while also expanding religious freedom rights, similarly urged Congress to follow-up on the Supreme Court’s decision with legislation that would further expand — and clarify — nondiscrimination rules. “The judicial system is not the appropriate place for the fine-tuning required so that federal civil rights can protect, at the same time, the rights of LGBT people and the freedoms of people and organizations whose values differ from them,” the coalition’s statement said. The court’s decision highlights the value of the Fairness for All Act’s balanced approach, said Rep. Chris Stewart, R-Utah, who is sponsoring the legislation. “Religious freedom is protected by the First Amendment, but isn’t addressed in this case. LGBT Americans are now protected under Title VII, but not elsewhere. My bill tackles those tough issues and provides answers,” he said in his statement.




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