SALT LAKE CITY — With a federal LGBTQ nondiscrimination bill stalled in the U.S. Senate, Utah Congressman Ben McAdams sees an opportunity to resolve differences between gay rights advocates and religious objectors in negotiations that he says he’s “uniquely situated” to be involved in.
The first-term Democrat from Utah told the Deseret News editorial board this week that he worked with religious and LGBTQ interests that led to Salt Lake City passing a nondiscrimination ordinance in 2010. He said he took that experience to launch a similar effort in the Utah Legislature that after four years resulted in the Utah compromise — a statewide nondiscrimination bill that captured national attention for its backing by the state’s religious and LGBTQ stakeholders.
“And so I know what consensus building looks like around this (issue). I also know it takes a long time,” McAdams said.
Utah’s only Democrat in Congress, McAdams was also the only member of the state’s delegation to vote for the Equality Act when it passed the House, 236-173, in May. The bill, which picked up eight Republican votes in the House, has yet to receive a hearing in the GOP-controlled Senate, where both Utah Republican senators oppose it.
After McAdams cast his vote in the House, he said the Equality Act needs refining and he hoped to be part of that process while the bill languishes in the Senate. He repeated that hope last week.
“I don’t think it’s perfect. I think it still needs work,” he said. “And I think I’m uniquely situated to continue to be part of that work.”
The Equality Act would add sexual orientation and gender identity to groups protected under the Civil Rights Act and federal housing and employment laws. Proponents said the nation’s patchwork of state laws create a burden on LGBTQ people seeking protection from discrimination in housing, employment and basic commercial services. The bill would also limit the legal defenses available to those who, for religious reasons, contest its nondiscrimination protections.
The proposed law has been a top priority for Democrats since they took control of the House in January and the sponsors and leadership didn’t allow substantive changes to the bill. McAdams said he was able to voice his concerns to sponsoring Rep. David Cicilline, D-R.I., and with leadership, but his proposed amendment to assure the measure would not interfere with expressions of belief within a house of worship was rejected as unnecessary.
Cicilline’s spokesman Thursday said the bill that passed the House has broad public support and is ready for a vote in the Senate.
“When he drafted the bill, he was careful to protect religious freedom and equal protection under the law. (Senate Majority Leader) Mitch McConnell should do his job and bring up the Equality Act for a vote in the Senate immediately,” press secretary Francis Gruber said in an email.
McAdams’ failed amendment addressed what goes on within the walls of a church, but on Tuesday he said a main obstacle for opponents is how the bill could affect what happens on the campuses of religiously affiliated colleges and universities, like Brigham Young University.
“I think the conversation that needs to be had is around student housing at religious schools. The sponsors and supporters of the Equality Act feel that housing is not an expression of religion and that even a religious institution should not have discriminatory housing practices,” McAdams said. “Others believe (housing policies) implicate the free exercise of religion on a faith-based campus. And so I would say that’s probably the heart of the toughest issue in the Equality Act.”
Religious freedom experts and advocates say opposition to the Equality Act is centered on how the law restricts how religious people live and institutions operate.
For example, the Equality Act would broaden the definition of public accommodations under the Civil Rights Act without exemptions for individuals or institutions that follow religious beliefs forbidding certain sexual conduct and relationships.
“If passed as currently drafted, the Equality Act would devastate the core ministries of a wide range of religious groups, especially those ministries that serve the most vulnerable,” leaders from the U.S. Conference of Catholic Bishops, National Association of Evangelicals and Council of Christian Colleges and Universities stated in an open letter to Congress before the bill passed the House.
They contend the law would inevitably set up constitutional conflicts in federal courts. But if a religious freedom claim goes to court, the Equality Act would prohibit religious objectors from using the Religious Freedom Restoration Act as a defense. The 1993 law has guided judges in deciding whether government policy violates religious freedom.
Supporters of the Equality Act contend their intention is to prevent the Religious Freedom Restoration Act from being used to discriminate against LGBTQ rights rather than defend religious rights.
The Church of Jesus Christ of Latter-day Saints has also spoken out against the bill, calling for a “fairness for all” approach that would protect the rights of both LGBTQ people and people of faith, and reduce the legal battles.
McAdams, who is a Latter-day Saint, said he supports fairness for all and through his work for Salt Lake City and in the Utah Legislature he says he can help achieve that in Congress.
As an adviser to then-Salt Lake City Mayor Ralph Becker, McAdams said he worked with both LGBTQ advocates and representatives of The Church of Jesus Christ of Latter-day Saints to find consensus on a nondiscrimination ordinance covering housing and employment. He took that same approach to the state Senate, where he sponsored a statewide nondiscrimination bill that over a three-year period garnered Republican support and eventually a hearing. In 2015, a few months after McAdams was elected Salt Lake County mayor, the Utah Legislature passed a statewide nondiscrimination bill, dubbed the Utah Compromise, that had the support of both religious and LGBTQ communities.
“I think Utah has provided some leadership on this,” McAdams said. “I think I have a unique background and experience both as a practicing member of my church and someone who cares about getting this right.”
The Human Rights Campaign, a leading LGBTQ advocacy group, noted the broad support for the Equality Act and welcomed McAdams’ input and further dialogue, said David Stacy, the group’s government affairs director.
“We look forward to continuing to engage with members of Congress and to educate the broader public about how the Equality Act upholds and intersects with existing religious exemptions, while enhancing protections for all,” Stacy said Thursday.
McAdams acknowledged he was frustrated at the time the bill passed by the lack of sincere dialogue in the House among stakeholders. But he said last week that colleagues also said they would welcome his input on behalf of religious freedom.
“It’s also important to me to protect LGBTQ individuals,” he said. “The (competing interests) don’t have to be inconsistent. It’s just a matter of continuing the conversation and bridge building until we get we get it right. And when we get it right, hopefully we’ll have legislation that can gain support from the Senate.”