Utah Gov. Gary Herbert has signed into law a bill that prohibits discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals in employment and housing while exempting religious groups and organizations affiliated with them.
On Thursday, a huge crowd of people belonging to LGBT groups and the Church of Jesus of Latter-day Saints, of which the governor and many Utah lawmakers are members, gathered at the state capitol to witness the unusually very public signing of the bill, which has been advocated by LGBT activists for half a dozen years.
The new law makes it illegal for anyone in the conservative state to hire, fire, or make other employment decisions based on an applicant or employee's sexual orientation. It also bans basing housing decisions, whether to rent, sell, or provide a home loan to someone, on his gender identity.
However, the law provides enough room for religious institutions and organizations affiliated with them to express their faith by exempting them from the law. The Boy Scouts of America, which has deep links to the Utah-based Mormon Church, for instance, can continue to ban gay adult Scout leaders based on their belief.
The law also states that it is illegal to prevent religious individuals from freely expressing their beliefs in the workplace without judgment, as long as the person and his speech is not abusive and does not interfere with the main business of his employer.
"I have no doubt that the eyes of the nation are upon us," Herbert said, saying the new law signifies a "historic occasion" during which lawmakers have successfully struck a balance in upholding both LGBT rights and religious rights.
Sen. Steve Urquhart, one of the bill's sponsors, said the rights of individuals to express their sexual or religious identities are not mutually exclusive. They are both "pillars in the pantheon of freedom," he said.
The law does have its limitations, however, and lawmakers have left it to the discretion of employers how to interpret some portions of the law. For instance, harder questions about whether or not a business owner can refuse to provide service to someone based on his religious orientation are not addressed.
Moreover, the law says that employers must have "reasonable" rules about dress codes and gender-specific facilities, such as restrooms, as long as transgender employees are also allowed. Individual employers are left to identify what is deemed "reasonable" in their own company culture.
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