Utah bill aims to protect many religious activities
 
Associated Press
Rexburg Standard Journal - Rexburg, Idaho
 
SALT LAKE CITY (AP) - A legislative proposal protecting Utahns from prosecution because of their religious beliefs is so broad some say it might legalize everything from polygamy to smoking peyote.

The intent of House Bill 109 is to reinforce the constitutional guarantees of freedom of religion within state law, to ensure that state, county or municipal laws do not infringe on those freedoms, Rep. LaVar Christensen, R-Draper, the bill's sponsor, said.

Christensen said it could protect people from prosecution under nondiscrimination ordinances passed in almost a dozen cities that protect the rights of the lesbian, gay, bisexual and transgender community in the areas of housing and employment. Religious organizations are already exempted from prosecution under the ordinances.

Courts would decide if those exemptions could apply, Christensen said. But his focus is broader than any specific law, and meant to give a clear definition of religious freedom in state law.

"By not having a law at the state level that respects the evolution of the Constitution, we've seen some tension," Christensen said. "This is respectful of individual liberties and rights but creates a balancing test."

Marina Lowe, the legislative and policy counsel for The American Civil Liberties Union, said the bill is so broad it could permit many types of discrimination.

"The possibilities are limitless," Lowe said.

For example, a landlord could refuse to rent to a gay couple or a doctor could refuse to treat a woman who is pregnant out of wedlock.

Lowe said the proposal lacks a prohibition on the government sponsorship of religion, so the exemptions could also extend to government agencies.

Civil rights attorney Brian Barnard said the law could provide a defense for the violation of a variety of laws in the name of faith.

"Polygamy is the one that comes to mind, but there are other religious practices," Barnard said. "Peyote, for example, and the other one is churches, like the Episcopal church, that give wine to minors during the sacrament."

Christensen said it will not make polygamy legal.

"Heavens no, this won't legalize polygamy. That is banned in the state constitution," he said.

Polygamy in Utah is a legacy of the early teachings of The Church of Jesus Christ of Latter-day Saints, whose members brought the practice here when settling the state in the 1840s. The church abandoned plural marriage in 1890 under pressure from the federal government and as a condition of Utah's eventual statehood.

Tens of thousands of self-described Mormon fundamentalists continue the practice, however, and some have been prosecuted under the state's bigamy law. Bigamy is a third-degree felony punishable by a prison term of up to five years.

George Washington University law professor Jonathan Turley agrees Christensen's legislation would raise questions about the state's ability to prosecute Mormon fundamentalists.

Turley represents Kody Brown and his four wives, who last month left Utah for Nevada amid a police investigation into bigamy allegations.

The Browns are featured on the TLC reality show "Sister Wives" and practice polygamy as part of their religious beliefs.

"The Brown case presents a clear example of the problem under current Utah law," Turley said. "This is a family which is completely transparent. There have been no allegations of collateral crimes of abuse or fraud. They've not sought multiple marriage licenses. It's simply a family that wants to be left alone and allowed to live the lifestyle dictated by its own religious beliefs."

What's not clear is whether Christensen's proposal could override legal precedent and protect families like the Browns, Turley said.

As for Utah's constitutional ban, Turley said the Utah Supreme court would have to consider it in light of any law enacted to protect religious freedom.

In 2006, the court upheld the ban as part of an appeal of the 2003 conviction of a southern Utah police officer on a bigamy charge.

In a dissenting opinion, however, Chief Justice Christine Durham said the state's bigamy law as applied to polygamists "oversteps lines protecting the free exercise of religion."

"I think this bill would be a welcomed opportunity for Utah to closely examine the conflict between its belief in religious freedom and its prosecution of polygamists," said Turley. "The test of any principle is whether you are willing to extend it to those with whom you disagree."
 
RexburgStandardJournal.com
Originally published Tuesday, February 8, 2011
 
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