David DeMille

ddemille@thespectrum.com

ST. GEORGE – It was a year ago Sunday that U.S. District Judge Robert J. Shelby first ruled Utah’s ban on same-sex marriages unconstitutional.

The decision launched an often emotional months-long legal battle over the issue, with the Supreme Court ultimately declining to hear any cases and allowing lower court rulings to stand – leaving Utah state officials to reluctantly give up their efforts to uphold the ban and recognize same-sex couples with the same marriage rights and benefits enjoyed by their opposite-sex counterparts.

While the marriage issue in Utah may be settled for now, the debates aren’t about to end regarding the state’s Lesbian, Gay, Bisexual and Transgender community.

The Utah Legislature is expected to debate a variety of LGBT-related bills when it convenes in January for its annual general session, including a controversial measure that would make it illegal to use a person’s sexual orientation or gender identity as means for discrimination in the workplace or housing.

Other proposals could move in the other direction, aiming to protect individuals, businesses and other entities from being forced to accommodate LGBT demands.

One such measure being discussed would protect churches from having to perform same-sex marriages.

Another would allow some businesses to refuse service to LGBT customers.

In Southern Utah, a group of LGBT advocates are pushing for the City of St. George to consider a local non-discrimination ordinance, arguing that the lack of legal protections leaves a large part of the state’s population left to unfairly worry about whether they could be fired or evicted.

“I think everybody has a desire to be fair,” said Randy Thomson, one of several residents who have joined the campaign locally. “Everybody thinks you should be able to get a job and not be fired due to some aspect unrelated to your job performance, and everybody thinks you shouldn’t be kicked out of your house because of your private life.”

Thomson, who is gay, recently won an appeal through his employer after he was terminated earlier this year.

Arbiters ruled that his firing had violated the company’s policy against discrimination based on sexual orientation.

The statewide legislation is being pushed again by Sen. Steve Urquhart, R-St. George, who spent the past two years trying to get the measure passed after saying he saw and heard examples of discrimination.

Lawmakers have yet to take a floor vote on non-discrimination, although it has been introduced every year since 2008.

The measure cleared a Senate committee in 2013 but wasn’t discussed during the 2014 session after legislative leaders decided to table all LGBT-related bills because, at the time, the state was appealing a court ruling that allowed same-sex marriage.

“They’ll only pass it if the elected officials realize that these are God’s children, just trying to do their best,” Urquhart said. “That takes people telling their stories, stories about their kids and grandkids and friends.”

St. George officials have said they prefer to wait to see how the Legislature responds to Urquhart’s proposal this year before considering any kind of municipal ordinance.

In 2009, Salt Lake City became the first Utah municipality to adopt such an non-discrimination ordinance, doing it with the written support of The Church of Jesus Christ of Latter-day Saints.

Since then, similar measures have passed in 17 cities and counties across the state.

Some worry that the measure would infringe on the rights of employers and business owners though, and Larry Meyers, an area attorney and vice chairman of the Dixie Republican Forum, said he believes it could unfairly force some to have to defend themselves against false or mistaken accusations.

“I think it violates constitutional rights,” he said. “Business owners should be able to hire who they want as their employees and landlords to rent to who they want to rent to.”

Follow David DeMille, @SpectrumDeMille.