After the first week of the 2016 Utah legislative session, it’s worth taking a look back at last year’s historic compromise balancing LGBT safeguards and religious liberties. The legislation has been hailed as a model for the country at a time when the subject evokes strong emotions from all sides. While the text of the bill offers an example to follow, it is the spirit of mutual respect and cooperation that is most needed on this and other challenging public matters.
Consider first the remarkable bipartisan support. For SB296, which LGBT groups praised as historic, 75 percent of Senate Republicans voted in favor, and the percentage was even higher among House Republicans (84 percent). While Democratic support for the religious liberty protections in SB297 was less pronounced (41 percent), both House Minority Leader Brian King and Senate Minority Leader Gene Davis voted in favor. That nod from Democratic leadership was significant.
And it was the personal exchanges “across the aisle” that laid the groundwork. During a committee hearing, Sen. Curtis Bramble (Republican) candidly described his feelings when the Legislature’s only openly gay member, Sen. Jim Dabakis, was first elected: “I personally thought, ‘OK, we have an activist.’ … I thought the only way he could come to the table was if it was slanted absolutely for a particular segment of our community.” But recognizing Dabakis’ willingness to compromise, Bramble acknowledged admiringly, “my hat’s off to you, Jim, a true statesman.”
Sen. Weiler echoed a similar sentiment: “I think Jim Dabakis joining this body has also helped me. I didn’t want Jim to win that seat. … But he got here and we all liked him. In fact, I think we’ve all learned in our own way to love him.”
For his part, Sen. Dabakis praised Utah’s unique culture. Speaking about software-maker Adobe Systems’ plans to build a corporate campus in Lehi, Dabakis disclosed that “some high Adobe officials” had asked him beforehand, “How can we send our California people to the compound of Utah County?” Dabakis responded, “Ya know, I predict your people are never going to want to leave Utah County. You’re never going to find greater neighbors; you’re never going to find better people. You got to get past whatever image you have and get to know Utah County and Utah.”
Another sign of the cooperative spirit was the good-natured humor. Sen. Dabakis entertained the Senate with an anecdote of his meeting with, in his words, “a wonderful LDS official.” That LDS official began their meeting, “Senator, I suppose you want to talk to me, but I want to talk to you first. … It’s about your back tithing.” Dabakis recalled, “I laughed, and he laughed,” and so did most of the Senate chamber upon hearing the story.
Legislators were not alone in their expressions of goodwill and respect. Equality Utah’s Troy Williams had originally opposed SB297, which authorized county clerks to designate an alternate to perform same-sex weddings. But after the bill’s sponsors addressed some of Williams’ concerns, he agreed not to oppose the revised version, telling legislators, “I promise I won’t get arrested.” That was a reference to his arrest the year before as part of the “Capitol 13” protests over anti-discrimination legislation. Williams' light-hearted response was understood as a tacit endorsement.
Moments later, Eagle Forum’s Gayle Ruzicka began her comments, “I came up here to speak in favor of the bill,” but added tongue-in-cheek, “after Troy’s comment, I’ve got to think that through.” Her comment was a well-meaning nod to the unusual circumstance of Equality Utah and Eagle Forum taking a similar position. Subsequently, the 11-member House committee unanimously approved SB297, including Democrats worried it might go too far and Republicans that it might not go far enough. That was the spirit of the Utah Compromise.
When Abraham Lincoln, a well-known teetotaler, addressed Springfield’s temperance society, he did not denounce drunkenness, but urged kindness and brotherly love. “If you would win a man to your cause, first convince him that you are his sincere friend. Therein is a drop of honey that catches his heart, which, say what he will, is the great high road to his reason, and which, when once gained, you will find but little trouble in convincing his judgment of the justice of your cause, if indeed that cause really be a just one.”
In his concluding remarks to Senate colleagues, Sen. Dabakis noted, “we started coldly, and we have become friends, I would say dear friends.” If the Utah Compromise is to become model legislation, it will be so first because of the examples of civility, respect and friendship among Utah’s faith communities, advocacy organizations and lawmakers.
Michael Erickson is an attorney in Salt Lake City.