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Gays, transgenders fight for legal protections in Utah
GLBT community must ‘begin to act in an offensive manner,’ state rep. says
Published Thursday, 10-Jan-2008 in issue 1046
SALT LAKE CITY (AP) – Ariana Losco says she’s just another suburban wife.
The Tooele woman drives a minivan, loves spending time with her family and shops at the local Wal-Mart. Her lifestyle, she says, is the epitome of ordinary.
But not everyone sees it that way. That’s because Losco was a man until 1994.
When she took a job at a nursing home six months ago, she said she never imagined how hostile her work environment would become when co-workers learned she used to be male.
“It’s been pure hell,” Losco said, noting that her shifts have been cut as a result. “I’ve gone home many times crying, but I have to do it. I have to have a paycheck.”
Under Utah law, discriminating against GLBT people is legal. Rep. Christine Johnson, D-Salt Lake City, wants that to change in one of the nation’s most conservative states.
“If I’m not shaking things up, I’m not doing my job,” said Johnson, one of three openly gay lawmakers.
Johnson said it’s time Utah’s lesbian, gay, bisexual and transgender community fights back against years of hostility, highlighted by a ban on same-sex marriages and attempts to eliminate gay-straight alliances in public schools.
“It’s very clear that if the LGBT community does not begin to act in an offensive manner that we will continually end up playing defense,” she said. “I think the statewide community is frustrated with this unapologetic discrimination.”
Johnson is sponsoring House Bill 89, which would add sexual orientation and gender identity to a list of protected classes in the Utah Antidiscrimination Act.
There are 20 states that include sexual orientation in their antidiscrimination laws, and 11 of those include gender identity.
Johnson acknowledged that her bill will be a tough sell in Utah. Most lawmakers are members of The Church of Jesus Christ of Latter-day Saints, which considers acting on homosexual feelings a sin.
Lawmakers last year refused to remove a ban on sodomy from state law, although the U.S. Supreme Court struck down a similar Texas law in 2003.
“That bill’s dead on arrival,” predicted Paul Mero, director of the Sutherland Institute, a conservative think tank that’s influential with many Republican lawmakers. “This Legislature, I don’t think it wants to make sexual orientation a protected civil right equal to somebody’s religion or race.”
Mero opposes similar legislation at the federal level. Mero said anyone can say they’re gay, and there’s not a good way to legally define homosexuality without catching someone in the act.
He insists that discrimination based on sexual orientation isn’t a problem in Utah.
“Are there people in Utah right now who are being fired from their jobs because they are homosexuals? I don’t think so,” Mero said.
“One of the reasons I don’t think so is because frequently it’s kind of a personal thing,” he said. “Maybe we all work with someone who we suspect is a gay fellow because he likes watching ‘what to wear’ or something like that…. But we don’t know it.”
The Utah Labor Commission said it has received 14 complaints of discrimination against GLBT people since June when Equality Utah, an advocacy group, asked that the agency keep track.
Johnson was surprised to learn the number.
“We have so many people in suburban and rural areas who are uncomfortable to be out or to even admit to family members that they have a different sexual orientation,” she said. “I’m pleased to hear there are 14 people who have been brave enough to actually file complaints.
“It’s difficult to go against the grain here,” Johnson said.
Among Utah’s 2.7 million residents, there are about 50,000 self-identified gay, lesbian and bisexual adults, according to the Census Bureau.
More than 85 percent of Fortune 500 companies include sexual orientation in their antidiscrimination policies, as do more than 280 city and county governments nationwide.
“It’s kind of up to Utah to decide whether they’re going to be catching up to the rest of the country and the rest of the Western world,” said Lee Badgett, research director at the Williams Institute, a think tank at the UCLA School of Law.
Badgett has testified before Congress on the issue, which gained momentum in Utah last year when a federal appeals court upheld the dismissal of a lawsuit brought by a bus driver who was fired while preparing to undergo a sex-change operation.
Krystal Etsitty was fired by the Utah Transit Authority after she began using women’s restrooms on her route. She sued, alleging she was fired because she was a transsexual and because she didn’t conform to expectations of male behavior.
In 2005, a federal judge dismissed Etsitty’s lawsuit after finding that transsexuals fall outside of a U.S. Supreme Court ruling that banned discrimination against people who fail to meet the stereotype of their gender.
Will Carlson, policy director for Equality Utah, said Etsitty’s case demonstrated why Utah needs to amend its laws.
Losco said she’s praying that a law is approved in Utah, although the odds are long.
“We have to be heard. Until I see transsexuals standing up and using bullhorns and shouting, nothing is going to change,” she said.
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