SALT LAKE CITY — The Salt Lake branch of the NAACP says a proposed religious rights bill would allow people to use their beliefs as a "trump card" to discriminate against others.
Leaders of the Salt Lake chapter denounced HB322 at a news conference Wednesday, saying it would destroy Utah's civil rights law by creating a new exemption and a valid defense to claims of discrimination.
The NAACP supports existing protections for religious freedom, said Jeanetta Williams, president of the Salt Lake branch.
"But religious freedom does not give us the freedom to harm other people or the freedom to do whatever we want," she said. "It does not allow us to fire, evict or deny service to anyone who we happen to believe is a sinner."
Rep. LaVar Christensen, R-Draper, introduced the Religious Liberty Recognition and Protection Act in the Utah Legislature last week. It would add religious liberty provisions to the state's anti-discrimination and fair housing laws.
HB322 proposes to guarantee "perfect toleration of religious sentiment" and that "rights of conscience shall never be infringed." It also says the legal exercise of religious liberty is a recognized defense to claims of discrimination.
The bill also says all people are entitled to fair access to employment opportunities and housing, but does not specifically name protections against discrimination for lesbian, gay, bisexual or transgender Utahns.
House Speaker Greg Hughes, R-Draper, said while this is a "highly charged issue," HB322 should be seen as a first draft.
"I wouldn't get too exercised over what version is out there now. What's good about the process is there are a lot of people talking," he said.
The speaker said other bills on religious liberty and anti-discrimination may yet surface.
"We've got plenty of time," he said.
Christensen has said the language in his bill is rooted in the U.S. and Utah constitutions as well as recent case law.
The Sutherland Institute, which supports protections for religious rights but opposes a statewide nondiscrimination law, does not have a position on Christensen's bill, said Derek Monson, public policy director. Because of that, he said, he would not comment other than to say it "has a lot of interesting approaches" to religious liberties.
Sutherland is taking a wait-and-see attitude while lawmakers attempt to combine religious rights and anti-discrimination into one piece of legislation. Leaders in the Republican-controlled Legislature have said one would not pass without the other.
SB100 would prohibit discrimination based on sexual orientation and gender identity in employment and housing. It has not had a public hearing this year and is part of ongoing negotiations in the Senate and House. NAACP officials said they support the bill and believe it can stand alone.
Alain Balmanno, an attorney and NAACP executive board member, said Christensen's proposal would allow people to pick and choose which laws to obey based on their claim of religious belief.
"What this bill does is advance religion and makes it a trump card, if you will, a greater right than other rights," he said.
People would use it to exclude others or refuse service to those with whom they disagree, whether that was based on sexual orientation, race or religion.
"Would a Mormon be discriminated against because a Baptist doesn't really think a Mormon is a Christian?" said Balmanno, who ran two unsuccessful House races against Christensen. "It would put our entire society at risk."
The House Rules Committee has not assigned HB322 to a standing committee for a public hearing.
Contributing: Lisa Riley Roche
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