URGENT—We have only hours left to pass the Religious Liberty Act (HB-322) in order to protect individual religious freedom and expression for individuals like police officer Eric Moutsos.
Last year police officer Eric Moutsos requested not to have to perform as a motorcycle driver in a gay pride parade. Although he offered to work parking or security instead, his actions were deemed discriminatory according to Salt Lake’s non-discrimination ordinance, and he was put on probation.
Now that “non-discrimination” laws affect the whole state it is important to recognize that as citizens, all of our actions will come under similar scrutiny.
Only HB 322 protects the religious freedoms of individuals to act according to their conscience as protected by the constitution, in “private or public life right” (lines 62-65.) This would protect individuals, like Eric as well as the cake makers, florists, photographers, and farmers you have heard so much about.
I hope you will join me in urging senators to make the Religious Liberty Act a top priority in the senate today. You can find their contact information here. They are anxious to hear your opinion.
I am personally glad to see wider public recognition of the church’s perspective on the “complex reality” of those who experience same-gender attraction, as discussed by Elder Holland and Elder Oaks. It helps us understand how we can assimilate some of the science behind same-sex attraction as we attempt to practice respect and compassion for the individuals in sexual minorities.
We are also pleased by the freedoms that the church has won in Utah’s new non-discrimination bill. Utah will face a dramatically different landscape next year because of our new definition of “discrimination,” and it is important to recognize how those laws will affect you and your family as individuals, as well as the church.
What is meant by “Individual Religious Liberty” and “Freedom of Conscience”?
The LDS Church held a press conference on January 27th, 2015, about “Accommodating the rights of all people—including their religious rights.”
Elder Dallin H. Oaks said, “Those who seek the protection of religious conscience and expression and the free exercise of their religion look with alarm at the steady erosion of treasured freedoms that are guaranteed in the United States Constitution. Since 1791 the guarantees of religious freedom embodied in the First Amendment have assured all citizens that they may hold whatever religious views they want, and that they are free to express and act on those beliefs so long as such actions do not endanger public health or safety. This is one of America’s most cherished and defining freedoms. Yet today we see new examples of attacks on religious freedom with increasing frequency.”
Elder Oaks then gave four specific examples of individuals whose religious liberty was violated and he went on to say, “We urgently need laws that protect faith communities and individuals against discrimination and retaliation for claiming the core rights of free expression and religious practice that are at the heart of our identity as a nation and our legacy as citizens.”
He identified four principles asserted by the LDS Church, the first 3 of which deal directly with right of conscience and liberty for all people:
- We claim for everyone the God-given and Constitutional right to live their faith according to the dictates of their own conscience, without harming the health or safety of others.
- We acknowledge that the same freedom of conscience must apply to men and women everywhere to follow the religious faith of their choice, or none at all if they so choose.
- We believe laws ought to be framed to achieve a balance in protecting the freedoms of all people while respecting those with differing values.
- We reject persecution and retaliation of any kind, including persecution based on race, ethnicity, religious belief, economic circumstances or differences in gender or sexual orientation.
Elder Oaks concluded his remarks by saying, “We call on local, state and the federal government to serve all of their people by passing legislation that protects vital religious freedoms for individuals, families, churches and other faith groups while also protecting the rights of our LGBT citizens.”
What is in the bill that the LDS church endorsed?
SB 296 just passed. It is a non-discrimination bill that protects some sexual minorities in their needs for housing and employment while attempting to protect religious freedom. Although it uses the language “sexual orientation and gender identity,” it is careful to limit those provisions only to housing and employment, and not other services like “public accommodations” (cake making and other businesses.)
It successfully protects the boy scouts, churches, and individual religious leaders, but only while acting in their role as religious leaders. It does also protect some aspects of free speech for individuals.
These are important victories.
Does the non-discrimination bill redefine gender?
Not directly. By eliminating the phrase “an individual’s internal sense of gender, without regard to (line 84 from SB100) the individual’s designated sex at birth,” which would have applied to all of us, not just the LGBT, the bill was careful not to redefine gender.
Unfortunately, It DOES ALLOW transgender men to choose the lady’s room (and vice versa) at their places of work.
It is important to recognize that the definition of gender provides many protections for women and children, like privacy in bathrooms and housing, alimony, birth certificates, custody rights, children’s visitation with both mother and father, and parental rights for mothers and fathers, and many more.
Would the bill protect individual Utans of conscience like police officer Eric Moutsos?
No. Although it would give him the right to complain to a supervisor, he could still be forced to perform in the gay pride parade, with no option to work security instead.
In fact, the non-discrimination bill DOES NOT include any protections for individuals to act according to conscience. Although it will not pursue cake makers, or photographers, who refuse to celebrate or facilitate in gay weddings, it will not protect these individuals either. It DOES NOT protect employees or individuals from having to share locker rooms and showers and restrooms with persons questioning their gender. It DOES NOT protect public servants from performing weddings or performing in the gay pride parade. It DOES NOT protect ex-gays from the intensive discrimination in housing and employment that they face after leaving the LGBT lifestyle.
How Will “The Religious Liberties Act” help protect Individual Freedom of Conscience?
- It defines a “Person” protected by the Act as an individual, a closely held business, a religious institution or subsidiary or affiliate or representative, an expressive association, or an independent education association that expresses religious and moral principles (LINES 148-157)
- It reaffirms religious liberty as an inherent, inalienable, natural right guaranteed by the US and state constitutions and affirms the right to freely choose and practice faith and religious belief free from government acts with the expression and exercise of rights of conscience recognized and protected (LINES 160-17)
Rep. LaVar Christensen’s HB-322 Religious Liberty Act includes this language:
193 A person whose lawful and proper exercise of religious liberty is substantially burdened
194 in violation of this chapter may obtain appropriate relief in a judicial proceeding,
992 “Religious liberty” means the free expression and exercise of religion and rights of
993 conscience, as recognized and established in the Utah Constitution since statehood, including
994 acts or refusals to act that are substantially motivated by sincerely held religious beliefs, duties,
995 principles, practices, or other such honest convictions.
What more do we need to do to protect Utahns of Conscience and Faith as suggested by the Religious Freedom Press Conference?
We have only hours left to pass the Religious Liberty Act (HB-322) in order to include individual protection of religious conscience and expression for individuals!
I hope you will join me in urging senators to make the Religious Liberty Act a top priority at the capitol today. You can find their contact information here. They are anxious to hear your opinion.
