12 | QSALTLAKE MAGAZINE | NEWS
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Utah Rep. Chris Stewart introduces a religious liberties protection bill In January, Congressman Chris Stewart (R-Utah) and several of his Republican colleagues in the House of Representatives introduced the so-called “Fairness for All Act.” The bill is being described by its supporters as a compromise that protects both LGBTQ people and religious liberty. In reality, says the American Civil Liberties Union, the bill facilitates the Trump administration’s ongoing efforts to give a greenlight to those who would turn LGBTQ people away from jobs, health care, housing, even taxpayer-funded programs, simply because of who they are. The bill also weakens some longstanding protections in federal and state laws for everyone, not just LGBTQ people. CREATES A DIFFERENT STANDARD FOR ANTILGBTQ DISCRIMINATION By singling out LGBTQ people for lesser protections than other characteristics under federal law — such as race, ethnicity, and religion — the new legislation signals that LGBTQ people are less worthy of protection. It does this by providing religious organizations and service providers the ability to discriminate based on sexual orientation and gender identity where they are explicitly prohibited under current federal law from discriminating based on other protected characteristics. GRANTS A LICENSE TO DISCRIMINATE IN CHILD WELFARE One of the most dangerous aspects of the new legislation is its proposal to upend the child welfare system to allow for sweeping taxpayer-funded discrimination. It would do this through the creation of a new voucher system whose sole purpose is to allow reli-
giously-affiliated child welfare providers — with whom the government contracts with to find stable, loving homes for children who are in state care — to discriminate against LGBTQ people or those, such as Jewish parents or single parents, who do not meet the agency’s religious criteria.
UNDERMINES EXISTING PROTECTIONS FROM THE COURTS Within the next seven months, the Supreme Court is poised to rule in a trio of cases concerning the existing rights of LGBTQ people under federal
law. This new bill would undermine a potentially favorable ruling in those cases by authorizing discrimination in many contexts where it would be prohibited under existing law. Proponents of this bill claim that it will result in less litigation. They claim that by allowing discrimination by people of faith in many contexts, it will somehow end court fights over whether people of faith have a right to discriminate against LGBTQ people generally. The bill, however, would lead to more litigation by providing
Westmoreland wants utah judge to recuse himself in child enticement case BY ROGER COX
Former Disney Channel actor Stoney Westmoreland and his attorneys allege that US District Judge Howard Nielson, Jr. is biased against gay people, and therefore, must recuse himself from a case on charges of enticing a minor. Westmoreland claims that, given Judge Nielson’s personal bias, a fair trial is impossible. The trial is scheduled to begin in March in Salt Lake. Prosecutors say Westmoreland enticed a 13-year-old boy to his room at the Little America Hotel in Salt Lake City in December 2018. The “boy” was actually an undercover police officer. On January 3 of this year, Westmoreland was sentenced to two days of jail for violating the terms of his release. The Hollywood Reporter notes that Westmoreland’s behavior brought him six felony counts: enticing a minor, attempted exploitation of a minor, and four counts of dealing in material harmful to a minor by an adult. Westmoreland’s assertion stems from Judge Nielson’s participation in Proposition 8 in California. There, he private-
ly advocated for the proponents of Prop 8, which makes impartiality impossible, he said in court documents filed in November 2019. His defense attorney, Wendy Lewis, in court documents, revealed that the judge argued that homosexuality is a choice that can be reversed through conversion therapy, the practice of which is debunked by national psychological organizations. Judge Nielson fervently refutes these allegations. He claims his duties as an attorney for Prop 8 proponents do not reflect his personal views. He further argues that his personal views will not guide his handling of Westmoreland’s case. He must execute his responsibilities as a judge according to the law, and he refutes the idea that he would do otherwise. To assume that the positions he argued on behalf of his clients would “improperly influence” him is unreasonable, he claimed. It should be noted that Judge Nielson did not disclose what his personal views are, but he did say that he does not hold the same views as his clients.
ISSUE 308 | January 23, 2020
less clarity about the balance Congress first struck between religious liberty and nondiscrimination protections a half century ago in the Civil Rights Act of 1964. The courts have spent the past 65 years interpreting that balance and implementing existing law and this proposal would upend that carefully developed body of law in the service of expanding discrimination against LGBTQ people. And it would also exclude people seeking reproductive health care from protections against sex discrimination, undermining and stigmatizing access to care that is constitutionally protected. Q “I can state categorically and unequivocally that I do not harbor any personal bias or prejudice concerning Mr. Westmoreland,” the judge wrote. When Nielson was appointed to his position, 59 congress members, all Democrats, were opposed. They wrote in their statement that Nielson is biased against LGBTQ people. Nielson was approved due to the support of Republicans, including Utah senators Mitt Romney and Mike Lee. Westmoreland reportedly enticed the “boy” on the popular dating app Grindr, where gay, bisexual, and transgender men arrange social and sexual encounters. Court documents submitted by Lewis say that the gay lifestyle which includes the “hook-up” culture, a “distinctly nontraditional” component. ‘The case will involve a detailed examination of the hook-up culture for homosexual men, how it works and what it means psychologically,’ Lewis wrote. A number of witnesses, she said, are likely to be gay men who testify about Westmoreland’s background, including his transition from a heterosexual marriage to being “an out, homosexual man.” Q
