Anti-Discrimination Bill Makes History In Utah
UPDATE: The bill was passed in the Senate in a 23-5 vote, and will now move on to the House.
Utah lawmakers, LDS Church officials and LGBT activists have released a bill this week that not only provides protection against discrimination for gay and transgender people as well as equal protection for religious groups, but makes history as the groups put aside differences to work together on this groundbreaking legislation.
The Washington Post answered some key questions concerning what the bill means for everyone.
In terms of protecting the LBGT community, the bill covers two primary categories:
- EMPLOYMENT
The proposal would bar decisions about hiring, firing, promotions or pay based on someone’s sexual orientation or gender identity.
Employers may institute “reasonable dress and grooming standards” and “reasonable rules and polices” for sex-specific restrooms and other facilities, provided that those standards also include accommodations for gender identity. For example, companies could offer a unisex, stand-alone restroom for use instead of a larger restroom with a bank of stalls.
- HOUSING
The bill would make it illegal for landowners to refuse to sell or rent, deny a home loan or real estate services and to base other housing-related decisions because someone is gay or transgendered.
The bill provides exemption for religious groups, as well as the Boy Scouts of America (who allow openly gay members under the age of 18 but do not allow gay adults to serve in leadership roles.). The Boy Scouts have long-standing ties to the Mormon church, which is the organization’s biggest sponsor. Small businesses with fewer than 15 employees and small scale landlords who have three or fewer housing units are also exempt.
The proposal also includes provisions to protect religious groups, including their religion-owned businesses or affiliated organizations, such as schools, hospitals and charities. The housing exemptions also apply to those contracted by religious groups. For example. Brigham Young University would be exempt, as would 1,400 landlords the university has contracted with to provide off-campus housing that abides by its standards and rules.
The proposal protects the rights of employees to express their religious or moral beliefs in “a reasonable, non-disruptive or non-harassing way,” as long as it doesn’t interfere with the company’s business. A law professor who helped work on the bill cites the example of Planned Parenthood barring a worker from wearing anti-abortion buttons.
If a company allows employees to discuss political or religious beliefs at work, the company must allow all opinions and beliefs to be expressed without retribution. Employers cannot punish or retaliate against workers for beliefs or actions expressed on their own time, such as donating to a campaign against same-sex marriage.
Why is BYU exempted? That is disappointing…