More rights for gays in Utah

rainbowAccording to a poll (SLTrib), 56 percent of Utahns want to see gay couples have more rights where it comes to legal protections in their relationships. They stop short of condoning gay marriage, but there may be some real support for bills coming up in the next legislative session. The bills known as “The Common Ground Initiative” include the following five bills:

The Common Ground Initiative aims to pass 5 bills

During the 2009 legislative session, Equality Utah and other gay-rights advocates hope to pass five bills enhancing protections for gay and transgender people:

Fair housing and employment » Make it illegal, through two separate bills, to fire an employee or evict a tenant for being gay or transgender. Sponsor: Rep. Christine Johnson, D-Salt Lake City.

Probate rights » Allow an unmarried partner or other financially dependent relative to sue in the event of a wrongful death. Sponsor: Sen. Scott McCoy, D-Salt Lake City.

Domestic-partner rights » Create a statewide domestic-partner registry that would provide rights of inheritance, insurance and fair housing. Sponsor: Rep. Jennifer Seelig, D-Salt Lake City.

Repeal a portion of Amendment 3 » Eliminate the second part of Utah’s constitutional gay-marriage ban to avoid confusion about what protections are the legal equivalent of marriage. Sponsor: Rep. Jackie Biskupski, D-Salt Lake City.

My gay friends have long-term stable relationships. They own homes together, they share all the same ups and downs of any married couple. I find it impossible to fathom that anyone who might know these people would want to deny them every protection under the law the rest of the populace enjoys.

Of course, the real test as to whether or not any of these bills will pass or fail depends on what the Mormon church has to say about it.

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  1. 66.129.242.4#1 by Brad on January 16, 2009 - 10:21 pm

    Tom Hanks called people who supported Proposition 8, particularly Mormons, “un-American”. More evidence of the new left McCarthyism. First there were blacklists. What’s next the Committee on Un-American Activities? Mr. Hanks have you no shame!

  2. 71.36.80.65#2 by Becky on January 16, 2009 - 10:36 pm

    You might not like it, Brad, but this is the reputation Mormons now enjoy far and wide.

  3. 66.27.119.114#3 by Leo Brown on January 17, 2009 - 8:16 am

    McCarthyism also hurt the reputations of those it attacked, far and wide, at least in the short run.

  4. 71.36.80.65#4 by Becky on January 17, 2009 - 8:28 am

    The comparison of critics of the Mormon church to McCarthyites is not a parallel.

    McCarthy had real power over his victims and those people suffered real losses for many years, including their freedom of speech.

    Critics of the Mormon church have no power over the church. The reverse is true in fact, because of the church’s great wealth, organization, and media access. Critics may strongly disapprove of the church’s overt participation to deny gay rights, but those critics have no power to silence the church.

    That’s a big difference.

    I see some irony in the church’s public indignation over these criticisms.

  5. 67.186.254.104#5 by Shane Smith on January 17, 2009 - 11:25 am

    “Tom Hanks called people who supported Proposition 8, particularly Mormons, “un-American””

    Lets see…..

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men”

    To suggest that a special class of citizens that are defined by their sexuality is not equal to the others and thus will have impediments such as the loss of the right to marriage that may prevent them from the pursuit of happiness and that the government begun by the above declaration should prevent those marriages IS un-American.

    It is just as un-American as suggesting that we do not have the right to criticize our government or president *cough*rightwing*cough*iraq*war*cough, or the taking away of freedom of speech or our right to privacy *cough*PATRIOT*Act*cough*.

    It is as un-American as it would be to suggest that a free secular nation like America is in fact beholden to specific religion *cough*christian*nation*cough*rightwing*talking*point*cough*

    Rewriting history won’t change the facts, except in the minds of the gullible. If being American means supporting the foundations of the country that bares the name, then the neo-con right is un-American. These are demonstrable facts.

  6. 66.27.119.114#6 by Leo Brown on January 17, 2009 - 12:14 pm

    In California at least, to view the Church as all powerful and the gay lobby has having no power is contrary to the facts. Many in the gay lobby would like to inflict has much damage on the Church as they can. They have a strong voice in the media and in Hollywood, and one of the strongest lobbies in the state. They have great wealth at their disposal. (More out of state donations and more total donations were raise against Prop 8 than were raised for Prop 8.) They call those who disagree with them hateful, bigoted, and un-American. They boycott business and circulate blacklists. They call for investigations. They put addresses to target on a map and post it on the internet. They try to shame people. They deface property. They shout at you “go back to Utah.” They have inflicted real financial losses on their targets, not all of whom are LDS. They have cost people their jobs. This IS real power being exercised over its victims and inflicting real losses and designed to be intimidating to those who would exercise their free speech rights and their right to participate in the political process.

    They have made it clear that if you support anything less than redefining marriage, they will not be appeased and you will still be considered a hateful bigot. Even democracy itself, the just consent of the governed, is considered no bar to their agenda. Nevertheless, I support in general rights for domestic partners and have no problem with the strong domestic partnership laws in California.

    I know there are differences on same-sex marriage, but surely we can agree that our gay and lesbian brothers and sisters deserve to visit the person they love in a hospital and to live lives free of discrimination….this, too, is part of America’s promise, the promise of a democracy where we can find the strength and grace to bridge divides and unite in common effort.

    From President-elect Barack Obama’s acceptance speech in Denver.

  7. 71.36.80.65#7 by Becky on January 17, 2009 - 1:16 pm

    Leo, I had not heard those facts about the amounts of money raised to oppose Prop 8. Can you provide more details or a source? I’m not trying to corner you on this, I’m just interested in knowing more about it.

    I don’t agree with Barack Obama’s statement you quote. But I still hope Utah will pass these Common Ground Initiative bills to better protect the rights of same-sex couples. I think everyone agrees it’s better than no protection at all.

  8. 66.27.119.114#8 by Leo Brown on January 17, 2009 - 3:39 pm

    Becky,

    Try this link.

    I am surprised you didn’t know this.

    Shane,

    You left off an important phrase in your quotation from the Declaration of Independence. The phrase you conveniently omitted was “deriving their just powers from the consent of the governed.” The signers of the Declaration of Independence might be surprised that the definition of marriage that has universally prevailed until recently must be changed. They wouldn’t be surprised, however, to find special interests were desperate to avoid democracy. In California the right of the people to amend the constitution is not granted to the people. It is reserved by the people.

    Disagreeing on what is a right is very American. Take, for example, the right to life and the definition of when life begins. I am pro-life, but I don’t call my opponents un-American, and I respect their point of view.

    Free speech is very American. Voting is very American. Participating in the political process is very American. In every state where the definition of marriage has been put to a direct vote of the people, the traditional definition has prevailed. National polls show similar views. The current Supreme Court would likely agree. I wonder how it can be said that most Americans are so un-American.

    As for the war, President Bush, etc., let me say that I voted with the majority of Americans in November.

  9. 71.36.80.65#9 by Becky on January 17, 2009 - 3:52 pm

    Thanks for the link, Leo. I’m afraid there’s a lot I miss in the news. I do believe $38 vs $36 million raised by the anti and the pro groups respectively is a pretty negligible difference. However, the Mormon Church alone is said to be responsible for raising some $20 million itself. Is that not significantly more than any other single entity? Money brings power and influence, and the church’s money no doubt made the difference in the election.

    I think I would add to your statement, that even calling another person un-American is an expression of Free Speech, and therefore, quite American.

    I like your moderate and sensible position on abortion, Leo. I wonder why you don’t come to a similar position relative to same-sex marriage.

  10. 66.129.242.4#10 by Brad on January 17, 2009 - 4:58 pm

    Tom hanks has called 75% of black voters in California African-UnAmericans. He owes the black community and all LDS people an apology. Speaking your mind and standing for something is as American as apple pie. What is un-American is to attempt to destroy the lives and livelihoods of political opponents. People have been forced to resign their jobs for supporting Prop 8.

    Seeing that Tom Hanks is the executive producer for Big Love it makes me question his motivation for his involvement with the show. Could the main purposes of the show be an attack against the LDS Church by erroneously perpetuating an association with polygamist groups? This kind of religious persecution is truly un-American.

  11. 66.129.242.4#11 by Ken on January 17, 2009 - 5:19 pm

    I always considered Tom Hanks as one of the good guys in Hollywood. His statement is very disappointing.

  12. 71.36.80.65#12 by Becky on January 17, 2009 - 5:22 pm

    Brad,

    You miss Tom Hanks’ point. He doesn’t want to muzzle you and the Mormon church. It’s your efforts to deny citizens their rights that he deems un-American. Let me restate:

    It is un-American to discriminate against one group of people by denying them rights granted to all other citizens.

    I think it is early on in this civil rights fight, and like civil rights movements that have gone on before, eventually the constitution will be upheld and all citizens will be afforded their rights.

  13. 67.186.254.104#13 by Shane Smith on January 17, 2009 - 9:47 pm

    “They wouldn’t be surprised, however, to find special interests were desperate to avoid democracy”

    Kinda like the special interest majority in that whole separate verses equal thing i guess…..

  14. 66.27.119.114#14 by Leo Brown on January 19, 2009 - 9:16 am

    Becky,

    Now I am going to ask you for a link. Please provide a source that Mormon Church raised some $20 million. The Church as a legal entity raised very little money. The members of the Church did contribute a lot, but those donations are estimates based on many individual contributions. Like the Obama campaign, the Prop 8 donors were exceedingly numerous. They were overwhelming the state’s computer lists. I know of Evangelical churches that were encouraging fasts to make contributions. Big Evangelical mega-churches were very involved. Historically Black churches were very involved, providing a lot of votes, but presumably not a lot of money. The Catholic hierarchy was strongly supportive of Prop 8. The Knights of Columbus made very large contributions, as was their constitutional right. I went to a GOP “town hall” meeting on the subject, and it was clear that it was a far bigger turnout than they usually get at such meetings. The LDS clearly didn’t provide anywhere near the majority of votes. Money in the end didn’t move the opinion meter all that much from what it was before the election. If money determined the outcome, Prop 8 would have failed. Money determines elections if one side can overwhelm the other, but that was not the case with Prop 8.

    As for having a moderate position, I support California’s partnership rights, which are very strong. This effectively is a go-along, get along solution. One “right” this solution leaves out is a particular legal lever for gay Californians to sue to overturn the marriage laws of every other state and to overturn federal laws. Those are the real targets. California already provides every other benefit a state can give. Gays in California are not an oppressed minority like blacks in the Jim Crow South. They are not fleeing California for Massachusetts and Connecticut the way Blacks left the South for the North. Prop 8 was not just about California, it was about the definition of marriage in every state and about the federal definition. It was about judicial activism to redefine marriage in every state based on a narrow 4-3 vote in one state by an activist court with stinging dissents from the justices who disagreed, even when they personally favored same sex marriage. In contrast Brown v. Board of Education was unanimous and a national decision. One of the big arguments for Prop 8 is that it merely re-established the results of Prop 22, which the people overwhelmingly passed. Mayor Newsom famously said gay marriage was coming “whether you like it or not.” In a state where issues are decided by referendum, that was a red flag. (Barack Obama, in San Francisco for a 2004 fund-raiser for his Senate race, asked not to have his picture taken with Newsom, doubtless aware of the Mayor’s primary issue.) There is also the self-esteem issue, but people can have all the pride and self-esteem they want without the government. Self-esteem should not require government endorsement, and judicial fiats against the will of the people cannot confer true societal endorsement. In contrast, it is clear that the gay lobby will use every legal and political weapon they can to stigmatize supporters of traditional marriage. I don’t call those who disagree with me un-American or hateful or bigoted. I understand that people can legitimately disagree over what is a constitutional right and what should be the proper definition of marriage. I don’t boycott the businesses of those who disagree with me, blacklist them, or try to them fired. I am not suing to overturn the election results. I suppose that calling someone un-American is very American, but at least since Joe McCarthy, the accusation usually reflects more on the accuser than the accused.

  15. 71.36.80.65#15 by Becky on January 19, 2009 - 9:52 am

    Leo,
    This, of course, you already know: On June 30, 2008, the LDS church sent out a letter to be read to all LDS congregations, which said among other things, “We ask that you do all you can to support the proposed constitutional amendment by donating of your means and time to assure that marriage in California is legally defined as being between a man and a woman.”

    The Mormon church has an unequaled ability to organize and disseminate information from the top down. Unlike any other organization you have mentioned. In addition, when an official statement comes from the presidency, members believe it to come from God, resulting in a remarkable response. You are correct that the donations came from members and not from the church itself, but you must admit the influence of the church is very strong and people who otherwise would not have thought of donating money to this campaign, did so once the order came down from the prophet.

    The $20 million figure is what has been reported in the news.

  16. 66.27.119.114#16 by Leo Brown on January 19, 2009 - 10:58 pm

    Becky,

    It is true that the Church does have members who follow its counsel. The Catholics also have a central organization, and the Catholic hierarchy made their views very clear and were on the front lines of the contest, and many Catholics are faithful to their leaders. Catholic voters far outnumber LDS voters in California. See also this link. I see nothing wrong with any of that.

    On the other side, the gay lobby has its own network of papers, websites, organizations, and so forth. Their lobby in California is very strong, and any local politician crosses them at their peril. Each side has a legal right to get their views out, and I don’t object to the money that was raised on the other side.

    Surely you don’t believe that only one side has a right to raise money.

    How was the $20 million figure “reported in the news” calculated? Where did the money on the other side come from?

    Finally, as NRO noted:

    Anti-Mormon bigotry is unfortunately common, and gay-rights activists are cynically exploiting that fact.

  17. 71.36.80.65#17 by Becky on January 19, 2009 - 11:41 pm

    Leo, I find it more than a little ironic that a group that is trying to defend its own rights, is accused of being exploitative.

    I can’t say how the $20 million was determined. Some estimates go even higher. So I Googled a little and found this interesting video. You were probably already aware of the video presented to church membership that is the subject of this piece. This is a great example of what I’m talking about – how the church reaches the membership quickly, effectively, and can produce results unlike any other organization. It’s impressive. But it’s also the thing that drew great resentment towards the church.

    Let me be clear, however, I do not agree with any acts of violence or vandalism against the church.

  18. 66.27.56.174#18 by Leo Brown on January 21, 2009 - 4:50 pm

    Note that the films starts out by casting the Prop 8 vote as razor thin, though the margin was not much less than Obama’s national margin, which was hailed as a solid win. That is the first clue that this is a slickly produced propaganda effort. If Prop 8 had lost by the same margin, it would have been hailed by the gays as their solid and irreversible victory.

    Note that the visual styles the pro-8 commercials as lies, but it is typical for the gay lobby to brand disagreement as lies and any opposition as hatred. An anti-8 commercial showed fictional Mormons breaking into peoples’ homes. If a pro-8 commercial had shown gays breaking into homes, the gay lobby would have gone ballistic. Instead the pro-8 commercials featured none other than Mayor Newsom in a video clip.

    That individual Mormons gave time and money at the strong urging of their leaders, I do not doubt. That this seriously crosses an acceptable line, I totally disagree with.

    It is easy to see how Mormons are treated much differently from Jews or other religious groups. Can you imagine the video you posted being seen as anything other than anti-Semitic propaganda by the main stream media if it was written around Jewish support for a pro-Israel foreign policy? Threatening investigations of synagogues or Jewish religious associations or the implication that their participation in a public cause dear to their hearts is somehow inappropriate would be widely condemned and rightly so. Can you imagine a video calling for pulling the tax exemptions of synagogues for their strong public support of Israel getting much traction?

    If Tom Hanks called Jewish voters or AIPAC un-American for support of Israel, his Hollywood career would be over. When he calls Mormon un-American, his Hollywood career is boosted.

    California government institutions ask, “How high?” when the gay lobby asks them to jump. Who in California government dares say gays have ever crossed any line, despite vandalism, harassment, blacklisting, etc.? The Governor? Our Senators? The Mayor of San Francisco? I know people in California who dare not speak their mind in public and people who have publicly spoken out whose email in-boxes are filled with hate-filled threats from the gay lobby. Mormons are just another target of the gay lobby.

  19. 144.17.9.144#19 by Buzz "Bubba" VanDyke on January 21, 2009 - 4:53 pm

    A similar suggestion. The LDS leadership believes their definition of marriage is right. The gay marriage activists believe theirs is right. Both are matters of belief. How about getting government out of the marriage business altogether and leaving marriage up to your own faith or religious community? If you want legal government recognition of a domestic partnership, gay or straight, great. If you want marriage, go to a church that believes in the type of marriage you believe in. This suggestion came to me from several libertarians, they got it from Ron Paul, a Republican. (Call me Bubba if you want, I like it.)

  20. 71.36.80.65#20 by Becky on January 21, 2009 - 5:33 pm

    Leo,

    Perhaps things are as you describe them. I don’t know myself. But it seems we agree that the Mormon church does have significant influence on its membership and, therefore, was responsible for much fund raising in this cause.

    The reason the video interested me is because of the items listed that the church developed and provided and which obviously had some cost and value that were not declared as donations by the church itself.

    I saw some of the ads on both sides and I thought they were equally manipulative.

    My attention now is on Utah and the set of bills I described in my post. These would be a definite improvement for some of my friends and acquaintances. But I fear there is so much prejudice in this state, that even these will fail.

  21. 66.27.119.114#21 by Leo Brown on January 22, 2009 - 8:18 am

    Becky,

    Without being an expert on the Utah proposals in question, I would generally agree with you on domestic partnership rights. My position has been to find a way to get along without incivility and without redefining marriage. I have never raised any objection to the domestic partnership rights in California. I thought that was a reasonable and moderate solution. In California it is rare to hear voices from the right or from churches arguing against domestic partnership rights.

    Maybe, as suggested above, marriage per se will become a purely non-governmental institution. That would, however, be a big social and legal experiment, and one unlikely to happen soon.

    Please realize, however, that in California the prejudice is very much on the other side and to an outrageous extent. This, IMHO, hurts the interests of gays, especially outside of California, including Utah.

    How bad is it in California?

    As if the slogan “Burn their churches to the ground, and then tax the charred timbers” wasn’t outrageous enough (try reading that with the word synagogues instead of churches), the San Francisco assessor has decided to retaliate against the Catholic Church to the tune of $15 million.

  22. 71.36.80.65#22 by Becky on January 22, 2009 - 8:53 am

    Leo,

    I think it’s inevitable that the tax-exempt status of politically active churches will be challenged and will eventually be decided in the courts. I do deplore the threats of violence of any kind — that’s out of line on all sides. Nevertheless, I’m not convinced that the churches are the victims in this. I am, however, glad that you and I can agree on part of this issue that legal rights and protections must be extended to same-sex couples.

  23. 67.164.249.117#23 by Ken Bingham on January 22, 2009 - 9:03 am

    Becky

    Taxing churches would be the end of separation of church and state. I don’t think many liberals will like the results.

  24. 71.36.80.65#24 by Becky on January 22, 2009 - 11:56 am

    Ken,

    There are certain criteria any tax-exempt organization must meet in order to be tax-exempt. Churches understand this but under the Bush administration many churches became emboldened that they could defy the law. But times have changed. If they fail to comply, they may find themselves in court and may just have to pay taxes like all other corporations.

  25. 71.36.80.65#25 by Becky on January 22, 2009 - 12:25 pm

    By the way, Ken, I accepted your friend invitation on Facebook. I must warn you I don’t censor my language there. You take your chances with that. Although I’m mostly there for the Scrabble.

  26. 144.17.9.139#26 by Buzz "Bubba" VanDyke on January 22, 2009 - 9:10 pm

    Becky and Ken, Churches have been involved in politics from the beginning in the USA. They were involved in the Revolution, in the antislavery movement, prohibition, etc. They were involved, no doubt, in trying to exclude Utah from the union. I don’t doubt they’re on both sides of this issue. As far as taxes, I don’t think this would necessarily violate the church-state separation, as I understand it this means state sponsorship of one religion or another.
    Churches, as well as other nonprofit organizations, also benefit from public services such as roads, utilities, locations, etc. Churches and other nonprofit organizations (no doubt both “progressive” and “conservative”) are often very heavily involved in real estate, and benefit financially from the rise in location values of land created by the community.
    Some would argue, myself included, that they as well as other corporate and private entities and persons, owe a return to the community for these speculative gains. Untaxing production, while taxing privilege, including unearned, community-created real estate location values of “nonprofit” as well as private enterprise, is a proposal of many in geonomic circles (http://www.progress.org/geonomy).

  27. 71.36.80.65#27 by Becky on January 22, 2009 - 9:35 pm

    Hey Bubba, you make a good point.

  28. 71.4.75.2#28 by Buzz "Bubba" VanDyke on January 23, 2009 - 6:37 pm

    Thanks, Becky. It supposedly end the boom-bust cycles generated by real estate bubbles. But that’s another subject.

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