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VIDEO: Utah deal promoted as national model for LGBTQ rights, religious liberty

Data finds state has 2nd highest support for LGBTQ rights

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(Screen capture via YouTube)

A new video from the premier LGBTQ group in Utah, challenging the idea LGBTQ rights must be at odds with religious liberty, promotes an agreement reached in the state as a potential model to achieve a long sought-after update to civil rights law at the federal level.

The video, published Friday by Equality Utah, focuses on a 2015 agreement in Utah between the supporters of LGBTQ rights and the Mormon Church to enact a compromise acceptable to both sides. The agreement by those two sides led to an LGBTQ civil rights law in the state, which has Republican control of the state legislature and the governor’s mansion.

Troy Williams, executive director of Equality Utah, says in the video dialogue is key to achieving meaningful success, whether its among the people of Utah, a state legislature or lawmakers in Congress.

“When you are working with LGBT rights in a state like Utah, and you want to advance legal equality, you can’t do it without working with Republicans, with conservative, with people of faith,” Williams says.

Williams, speaking with the Washington Blade over a Zoom call, said the main audience for the video is people on “the center right and the center left” willing to listen to other side when it comes to LGBTQ rights and religious liberty.

“People that have the courage to reach out to each other, and sit down across from each other and say, ‘Hey look, let’s hammer this out,” Williams said. “That’s who my audience is.”

Not only did Utah enact non-discrimination protections for LGBTQ people, but the state under a Republican governor administratively banned widely discredited conversion therapy for youth. When lawmakers proposed legislation that would ban transgender youth from competing in school sports, the proposal was scuttled when Gov. Spencer Cox (whom Williams called a “super Mormon”) said he’d veto it after it came to his desk.

Marina Gomberg, a former board for Equality Utah, is another voice in the video seeking dispel the narrative religious liberty and LGBTQ rights are in conflict.

“in order to protect LGBTQ people, we don have to deny religious liberty, and in order to provide protections for religious liberties, we don’t have to deny LGBTQ people,” Gomberg says. “The idea that we do is a fallacy that Utah has dismantled.”

In July, new polling demonstrated the surprisingly the Utah, despite being a conservative state, has the second highest percentage of state population in support for non-discrimination protections for LGBTQ people. The data Public Religion Research Institute from 77 percent of Utah residents support LGBTQ people, which is just behind New Hampshire at 81 percent.

Tyler Deaton, senior adviser for the pro-LGBTQ American Unity Fund, said the Utah agreement demonstrates the possibility of reaching an agreement at the federal level once “second order” issues are put into perspective.

“The first order question has to be how are we winning the culture,” Deaton said. “Do people even want to pass the bill? And if they do, you then figure out the details.”

The American Unity Fund has helped promote as a path forward for LGBTQ non-discrimination at the federal level the Fairness for For All Act, legislation seeking to reach a middle ground on LGBTQ rights and religious freedom. Polling earlier this year found 57 percent of the American public back a bipartisan solution in Congress to advance LGBTQ civil rights.

Supporters of the Equality Act, the more established vehicle for LGBTQ rights before Congress, say the Fairness for For All Act would give too many carve-out for LGBTQ rights in the name of religious freedom. The Equality Act, however, is all but dead in Congress and has shown no movement in the U.S. Senate.

Skeptics of the Utah law would point out the law doesn’t address public accommodations, one of the more challenging aspects in the fight for LGBTQ rights and one or remaining gaps in civil rights protections for LGBTQ people in the aftermath of the U.S. Supreme Court’s decision last year in Bostock v. Clayton County. As a result, it’s perfectly legal in Utah for a business owner to discriminate against LGBTQ coming as patrons.

Williams, however, shrugged off the idea the lack of public accommodations protections in Utah make the agreement in the state makes it any less of a model, making the case the spirit behind the deal is what matters.

“I think copying and pasting Utah’s law doesn’t work for lots of reasons,” Wililams said. “What’s most important is a model of collaboration because when you are sitting around the table with each other — Democrats and Republicans, LGBTQ people and people of faith — that’s when the transformation happens. That is when the mutual respect is really forged.”

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Utah Governor vetoes transgender sports ban, legislative leaders plan override vote

“If you have not spent time with transgender youth, then I would encourage you to pause on this issue,” Cox said

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Utah Gov. Spencer J. Cox (Photo Credit: Office of the Governor)

Utah’s Republican Governor Spencer Cox vetoed  House Bill 11 — anti-transgender legislation that would ban Trans youth from playing on sports teams that correspond with their gender identity.

The legislation prohibits “a student of the male sex from competing against another school on a team designated for female students” and defines “sex” as “biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.”

The bill sponsored by Republican Rep. Kera Birkeland specifies that a Trans athlete would upload their birth certificate and select the sport they want to play. “If the gender on their birth certificate does not match the sport they want to play, a commission with a doctor, sports physiologist, university level athletic trainer, coach and other experts would decide whether they can play on that team.”

The Salt Lake Tribune reported; In a letter addressed to Senate President Stuart Adams and House Speaker Brad Wilson, Cox defended his decision to veto the proposed legislation.

“I know both of you are committed to these same ideals and that we have worked very hard together to resolve the many issues surrounding transgender student participation in sports. Unfortunately, HB11 has several fundamental flaws and should be reconsidered,” Cox wrote.

Utah legislative leaders on Tuesday announced their plan to meet this Friday for an override session minutes after Cox vetoed the bill, The Salt Lake Tribune noted.

Cox was the second Republican Governor in twenty-four hours to veto anti-trans youth sports legislative measures.

Indiana Republican Governor Eric Holcomb vetoed HB 1041 Thursday, similar legislation that had he signed it into law would have banned transgender girls from competing on girls’ K-12 sports teams.

Cox had made headlines in March after his statement on House Bill 302, a bill that targeted the state’s Trans youth from participating in high school and collegiate sports.

“If you have not spent time with transgender youth, then I would encourage you to pause on this issue,” Cox said. “We have so many people who are in a very difficult spot right now. And we have very few if any transgender girls participating in sports.”

“These kids are, they are just trying to stay alive. You know, there is a reason none of them are playing sports,” says the Governor. “And so, I just think there is a better way, and I hope that there will be enough grace in our state to find a better solution.”

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Utah Gov. Spencer Cox to veto bill banning transgender school athletes

“Transgender kids are kids, and they do not deserve to be the targets of dehumanizing attacks that invalidate their identity”

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Utah Gov. Spencer J. Cox (Photo Credit: Office of the Governor)

Utah Republican Governor Spencer Cox announced late Friday evening that he would veto House Bill 11 — anti-transgender legislation that would ban Trans youth from playing on sports teams that correspond with their gender identity.

The legislation prohibits “a student of the male sex from competing against another school on a team designated for female students” and defines “sex” as “biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.”

The bill sponsored by Republican Rep. Kera Birkeland specifies that a Trans athlete would upload their birth certificate and select the sport they want to play. “If the gender on their birth certificate does not match the sport they want to play, a commission with a doctor, sports physiologist, university level athletic trainer, coach and other experts would decide whether they can play on that team.”

Last year, Birkeland sponsored HB302, a bill that would ban transgender girls from competing in Utah high school sports. Republican Governor Spencer J. Cox threatened to veto that measure which then caused that bill to not advance further in the legislative process.

Cox had made headlines in March after his statement on House Bill 302, a bill that targeted the state’s Trans youth from participating in high school and collegiate sports.

“If you have not spent time with transgender youth, then I would encourage you to pause on this issue,” Cox said. “We have so many people who are in a very difficult spot right now. And we have very few if any transgender girls participating in sports.”

“These kids are, they are just trying to stay alive. You know, there is a reason none of them are playing sports,” says the Governor. “And so, I just think there is a better way, and I hope that there will be enough grace in our state to find a better solution.”

Cathryn Oakley, Human Rights Campaign state legislative director and senior counsel, applauded the governor’s move to veto it.

“As the first governor this year pledging to veto anti-trans legislation sent to his desk for signature, Gov. Cox deserves praise for standing up to those who continue to target and attack transgender youth. Transgender kids are kids, and they do not deserve to be the targets of dehumanizing attacks that invalidate their identity,” Oakley said.

A record number of anti-transgender bills were filed in 2021, largely focused on denying transgender youth the ability to receive gender-affirming care and participate in school athletics programs.

Even more anti-transgender legislation is on track to be filed in 2022. There are more than 280 anti-LGBTQ+ bills under consideration in state legislatures across the country. Of those, at least 115 directly target transgender people and approximately half of those (60 bills) would ban trans youth from participating in school sports consistent with their gender identity.

Caught in the crosshairs of anti-LGBTQ+ elected officials’ divisive political strategy are kids who are simply trying to navigate their adolescence. Transgender youth, like all youth, gain benefits from participating in school athletics: leadership opportunities, better physical and mental health outcomes, self-discipline, self-confidence, teamwork, and, of course, fun – and they shouldn’t be prevented from participating in school athletics because of who they are.

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BYU announces Office of Belonging; LDS Elder attacks LGBTQ+ people

“To use such antagonistic and warlike language in reference to LGBTQ+ people is indefensible. All students should feel safe.”

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Pride Flag at BYU (Photo Courtesy of Affirmation LGBTQ Mormons Families & Friends)

PROVO, Ut. – Brigham Young University President Kevin J Worthen announced earlier this week in the annual university conference for faculty and staff, the formation of a new Office of Belonging at the university to be led by a vice-president level official. The office’s creation follows a report from BYU’s Committee on Race, Equity and Belonging that was finished in February.

The new office will focus on helping campus members achieve the community of belonging outlined in a newly created statement on belonging. The office will focus primarily on coordinating and enhancing belonging services and efforts on campus.

Worthen emphasized that the Office of Belonging will not only be core to BYU’s efforts to root out racism, but also to combat “prejudice of any kind, including that based on race, ethnicity, nationality, tribe, gender, age, disability, socioeconomic status, religious belief and sexual orientation.”

Notably absent from Worthen’s statement was any mention of Gender identity.

Also in attendance at the conference delivering remarks was Latter Day Saints Church, (LDS) Apostle Jeff Roy Holland, who attacked the premise of extending the idea of ‘belonging’ to the LGBTQ community at large.

The 80-year-old  member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, which is the second-highest presiding body in the government of the LDS Church, had served as the ninth president of the university.

“We must have the will to stand alone, to be different, if necessary. Being a university second to none in its role primarily as an undergraduate teaching institution that is unequivocally true to the gospel of the Lord Jesus Christ. If at a future time, that mission means forgoing some professional affiliations and certifications, then so be it,” Holland said. University faculty and staff should take up their intellectual “muskets” to defend the Mormon Church, especially “the doctrine of the family and…marriage as the union of a man and a woman.”

Holland also launched into a denouncement of university alumni Matt Easton, his class year’s valedictorian who had come out as gay during his commencement address to his classmates. Easton in an interview with The Salt Lake Tribune noted that he was proud of what he did.

“I wasn’t trying to grandstand or ‘commandeer’ the event. I drew on my personal experiences because they shaped my time at BYU — authenticity is not the same as ‘agenda-pushing,’” Easton said.

Paul Southwick, the Director of the Portland, Oregon Religious Exemption Accountability Project, (REAP) told the Blade in an emailed statement, “To use such antagonistic and warlike language in reference to LGBTQ+ ideology is indefensible, particularly when so many LGBTQ+ students attend BYU. Quoting Mr. Holland’s own language, it is ‘more divisive than unifying, at a time we want to show love for all of God’s children.’ 

“Every student should be have the freedom to be honest and open about who they are, without being subjected to dangerous rhetoric that puts them in harm’s way. All students should feel safe in their campus environments,” Southwick added.

“Being LGBTQ+ is not a ‘challenge’ and Holland’s statement and overall speech demonstrates the “unkindness” and “crushing cruel[ty]” that he claims to condemn.  We stand united against this speech and the message of exclusion that it sends to our LGBTQ+ youth at an extremely vulnerable time in their lives. We invite Mr. Holland, BYU, the LDS church, and all other religiously affiliated universities to join us in embracing these young people. These are your children and they deserve our unconditional love and acceptance.”

Commentators on multiple social media platforms were quick to rail against Holland’s remarks. One person on Twitter pointing out the direct line being drawn between the church Elder’s homophobia and the recent murder of a married lesbian couple in Grant County, Utah.

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