JULY 2001
Correction: Civil rights attorney Brian Barnard argues
that prosecution of sodomy between unmarried, consenting adults is a violation
of privacy and free expression. An article in Tuesday's edition of The Salt
Lake Tribune was unclear on that point. Case May Test Laws On Sodomy Utah
County man is first to be charged in decades; Sex Case May Force Change
in Law
BY MICHAEL VIGH THE SALT LAKE TRIBUNE
Teen-ager Derrick Sundquist admitted to having consensual oral sex with a
16-year-old girl last year -- and became the first Utah man in
several decades to be charged with sodomy.
The prosecution of the American Fork man, now 21, could open the
door for a successful challenge of Utah's anti-sodomy laws, according to a Salt
Lake City civil-rights attorney who has fought to overturn the statute for more
than a decade.
In recent years, several Utah judges have tossed out lawsuits
challenging sodomy and fornication laws, saying that because people are seldom,
if ever, prosecuted, plaintiffs are not in imminent danger of going to jail for
having intimate sexual relations.
"The judges have said there is no real threat and, therefore,
it's a theoretical debate," said attorney Brian Barnard, who has filed an
amicus brief in Sundquist's case on behalf of the Utah Civil Rights and
Liberties Foundation Inc.
Sundquist, then 19, was charged last year with class B misdemeanor
sodomy for having oral sex with a 16-year-old girl. Although prosecutors allege
the girl performed fellatio on Sundquist at his home last year, she has not
been charged with a similar crime.
Sundquist was also charged with several other misdemeanors,
including possession of a controlled substance, contributing to the delinquency
of a minor and unlawful possession of alcohol for the same incident.
Sundquist's attorney, Laura Cabanilla, has filed a motion to
dismiss the sodomy charge, arguing the law is an unconstitutional violation of
her client's rights of free expression. She also claims that because no one has
been charged with sodomy for decades, her client is being singled out for
prosecution.
"It would be one thing if people were regularly charged with
this crime, but no one has been charged for years," Cabanilla said.
"It's a little silly that they would try to prosecute someone for having
oral sex performed on them."
Cabanilla said Sundquist was charged after the girl told police
they had consensual oral sex on May 5, 2000. Police were investigating an unrelated
crime when they interviewed the girl. Cabanilla argues Sundquist was also
charged because he hates the police and is "mouthy and has an attitude. He
can get pulled over for speeding and end up going to jail for resisting
arrest," Cabanilla said.
Cabanilla added that she could not find a single instance where a
person has been charged in decades with sodomy. During a motion hearing in
American Fork next week, Cabanilla plans to call prosecutors from Salt Lake
County, Utah County, Orem, Provo and Spanish Fork to ask them if they have ever
charged anyone with sodomy.
"I have already asked them and they've all said 'no,' "
she said. "This is clearly a case of selective prosecution."
American Fork City Attorney Tucker Hansen did not return calls
seeking comment.
Utah law forbids "any sexual act with an [unmarried] person .
. . involving the genitals of one person and the mouth or anus of another
person, regardless of the sex of either participant."
Sodomy was outlawed even for married couples until 1977, when the
law was changed to include only the unmarried. People convicted of sodomy face
up to six months in jail and a $1,000 fine.
The girl, at 16, is legally able to consent to sex with a peer,
although unmarried people who engage in intercourse can be charged with
fornication.
In his friend of the court brief, Barnard argues that the
prosecution of sodomy between unmarried, consenting adults is a violation of
privacy and free expression. He says that sexual acts are the most meaningful
way one person expresses love to another.
In the past 15 years, Barnard has also tried to overturn Utah's
anti-fornication statutes that ban sex between unmarried, consenting adults.
Four unmarried Utahns -- known only by their initials
-- have sued to scrap the laws, saying they feared being jailed for
having intimate relations.
Last year, U.S. District Judge Ted Stewart dismissed the case,
ruling the plaintiffs could not prove they were in immediate threat of being
prosecuted. In March, Barnard appealed the ruling before a three-judge panel of
Denver's 10th Circuit Court of Appeals.
The panel took the oral arguments under advisement. It is not
known when it will rule.
The anti-fornication and sodomy laws have been stricken in some states
by judges who have deemed them unconstitutional. Lawmakers in other states have
scrapped the laws while overhauling their criminal code and killing outdated,
unenforced laws.
Barnard is convinced it will be a court, not Utah lawmakers, that
eventually removes the laws.
mvigh@sltrib.com
11 July 2001Wednesday
Numbers Reveal a Boom In Same-Sex Households Gay, Lesbian
Households on Increase in Utah BY JOE BAIRD THE SALT LAKE TRIBUNE
Salt Lake City residents Colleen Sandor and Melanie Hamilton wanted their
partnership to count, so they filled out the new same-sex household category on
the 2000 census form.
"We want to be taken into consideration in the overall scheme
of things," Hamilton said. "We want to be validated for who we
are."
So did many other gay and lesbian couples.
New census figures released today show a staggering increase in
the number of households with gay and lesbian partners, and there are not many
places where that growth is as apparent as in Utah.
The state's number of reported same-sex households has grown from
401 to 3,370 in the past decade, a 740 percent jump that is surpassed only by
Delaware's 781 percent among the 20 states whose figures have been released so
far. National numbers have yet to be released.
"We knew there would be an increase, but this is a
surprise," said Paula Woolf, director of the Gay and Lesbian Community
Center in Salt Lake City. "What it shows is that despite efforts to
rescind the rights of gays and lesbians, people are more comfortable about
declaring themselves as lesbian or gay, and there was a trust in the
confidentiality of the census."
Nobody is claiming Utah's gay and lesbian population has grown
more than sevenfold in the past 10 years. At least part of the increase is
attributed to the presence of the same-sex household category on the short
form; the 1990 count was based on sampling from the long form. Also credited is
a nationwide campaign that exhorted gays and lesbians to take advantage of the
census-form changes.
But the quantum leap in the same-sex households also indicates a
growing willingness by gays and lesbians to stand up and be counted,
particularly in less-populous states.
"Utah is part of an interesting pattern," said David
Elliot, spokesman of the National Gay and Lesbian Task Force. "The more
populated urban states tend to have increases of 100 to 300 percent, while the
more rural states are seeing much larger increases."
Yet, for all that, gay and lesbian activists suspect there remains
a significant undercount of their overall numbers.
"It's a massive undercount," Elliott said. "Many
gays and lesbians still feel uncomfortable about filling out the census form.
And since not all gays and lesbians are in relationships, they're not
counted."
Still, the significant census increase confirms what Utah gays and
lesbians have suspected for some time: that their numbers are growing.
Salt Lake City resident Sandor says she has noticed that just
through increasing popularity of the annual gay pride celebration, which drew
nearly 30,000 people earlier this year.
"That's been one of the biggest indications that people are
more comfortable about coming out in the open and being seen, where we might
have been afraid of doing that in the past for fear of retaliation,"
Sandor said.
Utah's gay and lesbian advocates hope their larger numbers will
lead to acceptance and more political clout.
"This community has been hidden," Woolf said.
"Unlike the ethnic communities, you haven't been able to see us. And a lot
of the rhetoric you hear about why we don't deserve equal rights is because
we're not seen. We need to be counted and heard."
Hamilton added: "The structure of the family is changing. But
unless we show our numbers, the way the family is defined is never going to
change. I don't want to change the value we place on the traditional family,
but there needs to be value placed on what we provide, too."
jbaird@sltrib.com
12 July 2001 Thursday
None of the State's Business - Attorney Brian
Barnard is probably right. It will take a lawsuit to end Utah's unused,
unnecessary and possibly unconstitutional sodomy law.
For some reason, the Utah Legislature wants the right to pry into
the sexual practices of unmarried people over the age of consent. So the law
remains on the books, though ignored until now. A prosecutor in American Fork
is pursuing the first criminal case under the law in decades. The charge? An
act of consensual oral sex between two teen-agers, one of whom has "an
attitude" and the other of whom participated in the "illegal"
act.
By the way, the one with attitude is the only participant being
charged. How an outlawed consensual act between two people can only be illegal
for one has not been explained by the prosecution.
While many citizens may not approve of the actions of these two
teen-agers, the bigger question is whether government can or should prosecute
citizens for consensual sexual practices, particularly when those actions are
legal for other citizens. Under Utah law, married couples may do whatever they
please. Unmarried couples who, by law, are old enough to consent to sex may
only do what the Legislature determines is best for them. They can choose to
have sex, but the Legislature will tell them how.
Outlawing a sexual act between consenting adults will not stop it
from happening. The Legislature may not agree with the sexual practices of all
citizens, but it has no business agreeing or disagreeing. Unless the act occurs
in public or is not consensual, the Legislature and law enforcement should not
become involved.
But Barnard is probably right. Rather than the Legislature
repealing the law, it will take prosecution of a consenting adult, a mountain
of legal costs and a declaration by the Utah Supreme Court before the sodomy
law is finally overturned. What a complete waste of state and personal
resources.
20 July 2001 Friday
I met Ben Anderson at his place in Los Angeles and drove up to Petaluma to spend the night at the Coast Guard station there since Ben had been in the Coast Guard
21 July 2001 Saturday
We left drove out towards Bodega Bay and then went to the Lazy Bear Weekend in Guernsville where we spent the night at the Willows as Ben had book a room. It was fun walking around mainstreet. We didn’t go to anything that cost money as neither one of us had a lot to spare.
22 July 2001 Sunday
We left out early to head back down to Los Angeles where we spent the night at Ben’s place he shared with roommates. This black kid wanted to have sex with me so I did.
Gay Tolerance Good for High-Tech
Research shows tech economy strongest in cities with thriving gay
communities; Gay Tolerance Is Good for High-Tech
BY PAUL BEEBE THE SALT LAKE TRIBUNE If economist Richard Florida is right, gays
may be a key to Gov. Mike Leavitt's vision of a high-tech Utah.
Florida has constructed a set of measures to gauge the diversity
of 50 of the most populated areas in the United States. One -- the
Gay Index -- turns out to be the best predictor of a region's
high-tech success, Florida said.
"Openness and diversity matter," said Florida, founder
of the Software Industry Center at Carnegie Mellon University in Pittsburgh.
His findings were published last month by The Brookings Institution, a
Washington, D.C.-based think tank.
Florida's theory -- that the number of gays and
lesbians in a city is a barometer of the kind of environment techies thrive
in -- turns conventional economic development strategies upside
down at a time when Utah's biggest technology companies, Novell Inc. and Iomega
Corp., are struggling. Metro regions such as Salt Lake City typically dangle
tax incentives and the availability of capital to lure high-tech employers. But
Florida says people in technology businesses brush off such inducements as
marginally important.
He says what companies really want is less apparent: Technology
businesses are drawn to communities known for diversity and open-mindedness.
Hothouses of people with creativity and ideas, if embraced by civic and
business leaders, become fertile ground for people-hungry companies, Florida
argues.
To support his belief, Florida cites Carly Fiorina, chief
executive of Hewlett-Packard Co., who told a conference of governors recently,
"Keep your tax incentives and highway interchanges. We will go where the
highly skilled people are."
Gateway Inc. is more evidence, Florida says. The No. 2 direct
seller of personal computers was established in a South Dakota barn, but for
competitive reasons -- read human capital --
relocated its headquarters to San Diego, which is No. 5 on the Gay Index.
Roy-based Iomega is moving its headquarters to an undisclosed West Coast city
to be nearer people who can help develop products that reverse its falling sales.
"The only thing for cities that really matters is its people
climate. The business environment is derivative," Florida said.
Which could explain why Utah struggles to establish itself as a
high-tech center, despite some success stories and well-publicized efforts by
Leavitt to shop Utah to the barons of Silicon Valley. Asked his view of
Florida's assertion, the governor responded through his press secretary.
"The focus of our effort is the work of 20 task forces
dealing with issues ranging from work-force training to venture-capital
funding. Not once in a year and a half of work has this issue been
raised," Leavitt spokeswoman Natalie Gochnour said.
Perhaps not surprisingly, the Salt Lake metro area is near the
bottom of Florida's Gay Index. Utah's capital and surrounding towns rank No.
41, while gay-friendly San Francisco is on top.
"Silicon Valley could really only happen, not only because it
is near Stanford University, but because it is in the shadow of San
Francisco," Florida said.
"Gays can be thought of as canaries of the knowledge
economy," he added. "They signal a diverse and progressive
environment that fosters the creativity and innovation necessary for success in
high-tech industry."
In other words, if gays and lesbians feel at home in Salt Lake,
geeks will, too.
Bjorn Espenes, president and CEO of Infopia Inc., a 2-year-old
Salt Lake City company that helps online merchants find electronic marketplaces
for their products, says the index seems plausible. While he doesn't embrace
the conclusion entirely, Espenes said the study gets at the connection between
diversity and competitiveness.
"The core of the matter is that the more diverse group you
have, the more you can compete in the creative process," he said. "If
you have a very homogeneous pool of inputs, you get limited input. If you have
a wide reference point in everyone's background and experience, it breeds
creativity."
There is evidence that Utah is becoming more hospitable to
homosexuals. The Gay Index is based on 1990 census estimates of same-sex
households. At the time, the government counted 401 couples of the same sex
sharing households in Utah. Ten years later, the number was 2,969, a 740
percent increase over the figures reported in the 1990 census.
Yet some Utah companies are wary when talking about gays. Novell
Inc., the Provo-based software company, encountered criticism last year when it
decided to stop matching employee donations to the Boy Scouts of America
following a Supreme Court ruling that the organization has a right to exclude
gays.
"Certainly, we would recognize the importance of diversity in
attracting employees," Novell spokesman Bruce Lowry said. "Diversity
is an important element in creativity and innovations, which is something that
any company whose livelihood is based on innovation has to consider."
Florida does not allege gays and lesbians are overabundant in
high-tech firms, although he doesn't rule out the possibility. Citing
government figures, he says gay men are 1.3 times more likely to be scientists
and engineers than the population in general (lesbians show no greater
propensity). Gay men are 2.3 times and lesbians are 1.3 times more likely to be
employed in the computer and data processing services industry.
Despite the growing number of same-sex households in Utah, many
gays remain disenchanted with the state.
Brian Rallison, a member of the Gay Lesbian Business Alliance in
Salt Lake City, said " good gays" -- men and women who
seek stable environments that give rise to gay-owned or oriented business
districts -- are leaving Utah in droves. Plenty of support groups
exist for gays, but beyond a handful of bars and coffee shops, there is little
in the city to make life comfortable for homosexuals, he said.
"It's hard for people to be who they are," said
Rallison, who works in the mortgage industry. "What is keeping me
here is my [three] kids. Work is fine. The [outdoor] lifestyle is fine. But a
lot of gays want to live somewhere where they can settle down."
Rallison, 35, grew up in The Church of Jesus Christ of Latter-day
Saints. No longer a practicing member, he is at odds with the church over its
attitude toward homosexuality -- that it is a chosen lifestyle, and
can be cured through therapy and prayer.
"I come from an environment that creates homophobia," he
said. "It's unintentional. Their intentions are very good, but [church
leaders] do not understand" that most gays don't choose their sexual
orientation.
Rallison voted twice for Leavitt, a devout church member. While
the governor often speaks about the benefits of diversity to Utah's economy,
his louder message trumpets the values of Mormonism -- thrift,
industriousness, education -- during his Silicon Valley visits.
Florida said the model that economic planners should follow is
exemplified by the Austin, Texas, metropolitan area. Its population of 1.2
million is about the same size as the Salt Lake-Ogden region, yet it ranks No.
3 on the Gay Index and has a large high-tech economy.
Austin has made significant investments in research and
development, higher education and business incubation. But the region also has
invested in its lifestyle and music scene to develop a "habitat" that
makes it possible to lure companies and people from places such as Silicon
Valley, Florida said.
"That is a message that other cities and regions should heed.
Talent powers economic growth, and diversity and openness attract talent,"
he said. "Companies no longer call the shots. The location decisions of
people are just as important -- potentially more important
-- than those of firms."
pbeebe@sltrib.com
23 July 2001 Monday
Ben and I decided to go to Disneyland since it might be the last time I ever go there. It was a lot of fun and we screamed like little girls on the Space Mountain Ride
26 July 2001 Thursday
Tony Felice [Antonio
A. Feliz] will be talking about his book "The issue is pluralism: An
urgent call regarding greater pluralsim in civil marriage." The book is a
call to the LGBT community about domestic partner marriage. If you are
interested in the arguments for and against domestic partners - this is a
discussion you shouldn't miss.. Stonewall Coffee Shop-Thursday, July 26th from
7 to 8:30 p.m. Salt Lake City
28 July 2001 Saturday
Some Find Leaving the LDS Church Is Difficult Ex-Mormons: Cutting Tie Easier
Now BY BOB MIMS THE SALT LAKE TRIBUNE
It had been 12 years since Loyd Bulkley had been in an LDS chapel,
10 years since the father of four had divorced and quietly begun a new life as
a gay man -- and long past time, he finally decided, to leave his
church.
So, on May 5, 2000, Bulkley wrote the LDS Church's member records
office in Salt Lake City, declaring his resignation. "The only contact I
want from the church is written confirmation that my name has been removed from
the membership rolls," he wrote.
What the 50-year-old Murray hairdresser says he got was a letter
referring him to local church leaders, followed by more correspondence and a
telephone call from a stake president urging him to reconsider at the peril of
his eternal soul.
Bulkley refused. Then came two more letters, one questioning his
homosexuality -- something he had never mentioned in his
letter -- and a second summoning him before a 15-member church
disciplinary council.
Bulkley wrote once more, requesting an uncomplicated removal of
his name from church records. Instead, the disciplinary council held a hearing
without him, and on June 26, 2000, The Church of Jesus Christ of Latter-day
Saints excommunicated him.
Bulkley says his family cut him off soon after.
"Thank you very much, Mormon church. For an organization that
encourages families being together, they've done a great job on mine," an
admittedly embittered Bulkley says today.
Every year, an unknown fraction of the world's 11 million Mormons
write resignation letters. Ex-Mormon activists estimate the number is in the
tens of thousands -- a figure the church says is way too high,
while declining to provide more accurate numbers. Some, like Bulkley, resign
over the faith's view of homosexual behavior as sinful; others have simply lost
their faith, or adopted a new one.
In the past, only a formal excommunication process could sever
one's ties to the church. But in the mid-1980s, the church began allowing
simple, non-disciplinary resignations, spelling out the procedure in a
seven-paragraph section in the handbook given to lay leaders.
According to church policy, the individual must write a letter to
a bishop, who then forwards it to a stake president for review. If the member
does not rescind the request within 30 days, the process moves forward.
Eventually, the individual gets a letter confirming membership termination.
The process does not preclude contact by church leaders
-- in fact, the policy says bishops must make sure the member understands
the consequences of his or her action. Church spokesman Dale Bills suggests
this contact can be misinterpreted by those wanting to leave.
"Because removing someone's name from the records of the
church cancels all blessings that accompany church membership, the procedure
for doing so is carefully administered," he said. "A caring bishop who
visits or calls to verify a member's wishes and attempts to soothe hurt
feelings is simply doing what the Lord taught -- showing concern
for each member."
Bills allowed that "in a few instances" name removal
requests may, upon review, reveal serious moral or doctrinal transgressions and
"formal church discipline is required."
Beyond a brief statement on the issue, Bills declined to elaborate
further.
Most mainline Christian denominations -- whether
Protestant, Catholic, Episcopalian or Orthodox -- follow an even
simpler process. A mere request, verbal or written, suffices to be excised from
parish or congregational rolls.
Utah Episcopal Bishop Carolyn Tanner Irish said membership is an
open-ended arrangement in her faith. People are free to come and go without
being contacted, she said.
The LDS Church, on the other hand, keeps extensive membership
records, which follow members from ward to ward, city to city and across
states. That efficient tracking system makes it difficult for people wanting to
leave the church to merely slip away.
For some Mormons, such as Victoria McGowan, resigning from the LDS
Church has meant months or years of frustration.
The 41-year-old divorced mother of five in Paducah, Ky., says her
July 1999 LDS resignation letter ushered in 13 months of delays, unwanted
visits from fellow Mormons urging her to recant, and what she interpreted as
harassing calls and even a veiled threat from a local bishop.
"He told me that bad things tend to happen to people who try
to push this issue, leaving the church," McGowan said.
Finally, she says, she called Gregory Dodge, supervisor of the LDS
Church's membership records office in Salt Lake City. McGowan said he seemed
genuinely concerned about the purported harassment and her threat of legal
action if it did not stop.
The incidents did cease, and last August -- 13 months
after her initial resignation letter -- she received a letter from
the church confirming she was off the rolls.
Dodge declined to discuss McGowan's or any other membership
termination request, citing church confidentiality policies. He referred all
further questions to Bills.
In fact, not all who seek to leave the LDS Church find the process
painful. Rachel, a 25-year-old Indianapolis woman who asked that her last name
be withheld to spare her largely Mormon family, found the procedure
"relatively simple.
"Everyone who leaves isn't bitter or has a difficult
time," said Rachel, who left because she no longer believed LDS teachings.
"I was raised by my parents to be honest, and having my name taken off was
simply being honest with the church."
Still, Rachel's request took four months to process. Her first
resignation letter, sent in January 1999, was reported lost. She sent a second,
certified letter to her bishop, who called to make sure of her decision, then
relayed the request to church headquarters. In October 1999, Rachel received
confirmation she was off membership records.
"Delays are the least of the problems I hear about,"
said Kathy Worthington, a Salt Lake City postal clerk who was excommunicated at
her request on grounds of disbelief 20 years ago.
People visiting her Mormon No More Web site (mormonnomore.com)
complain of being asked to resubmit their letters, delays in processing their
requests, unsolicited calls and visits, and being called in for interviews or
disciplinary hearings.
Worthington said her online sampling reflects only "a
miniscule percentage" of those trying to leave. But even if the numbers of
those who feel harassed are just in the hundreds, that is still too many, she
said.
bmims@sltrib.com
29 July 2001 Sunday
All-Powerful Panel Claims Alcohol as Its Fiefdom-ABC's Power Not So Absolute,
Ruling Implies BY GREG BURTON THE SALT LAKE TRIBUNE
In one of many routine days at the Utah Department of Alcoholic Beverage
Control, a compliance officer tossed a newspaper catering to Utah's gay and
lesbian community on his secretary's desk.
The Paper Moon private club was advertising a night for customers
to "party til you drop" and "admire her bust."
Despite no mention of alcohol in the ad, Utah's liquor commission eventually
fined Paper Moon $2,700 and ordered a three-day suspension of alcohol sales,
ruling the seven words in the advertisement were an illegal solicitation of
membership and an inducement to overconsume, in violation of Utah Code.
Four years later, in March of this year, 3rd District Judge Leslie
Lewis overturned the decision, finding little evidence to support the
commission's extreme response. Lewis was especially concerned about ABC's
investigation: It made just one phone call.
"If the state has an interest in taking care of what they
perceive to be an alcohol situation -- an improper incentive to get
people to overindulge, a viable [interest], a worthwhile one --
then why wouldn't somebody go down to the Paper Moon and try to purchase a
beer?" Lewis asked. "They didn't even have to drink it."
The answer is simple, critics say: They don't have to. Utah's
Alcoholic Beverage Control Commission is so powerful and the state's
anti-alcohol advertising laws so broad that even minor infractions can bring
severe punishment.
As a result, advertisers and bar owners have developed their own
system of self-censorship, subjugating the First Amendment to avoid a dogfight
with a much bigger dog.
The Paper Moon's four-year legal fight is proof, critics contend,
that Utah is overly -- and unconstitutionally --
obsessive about controlling alcohol sales and promotion.
Why else, they ask, would Utah Gov. Mike Leavitt, a Mormon who
doesn't drink because his religion teaches it is wrong, stock the five-member
ABC Commission with four Mormons and only one social drinker?
But ABC's authority to police alcohol was dealt a severe blow this
past week when the 10th U.S. Circuit Court of Appeals ordered an injunction on
two fundamental provisions in Utah law: a prohibition on ads that "induce
persons to buy liquor" and a ban on liquor and price-list displays that
can been seen by passers-by outside an establishment.
The injunction, though, is temporary. If a trial ever takes place
in the underlying lawsuit, the two provisions could be reinstated by Utah U.S.
District Judge David Sam, although plaintiff attorney Brian Barnard says an
appeal of any decision by Sam that veers from the 10th Circuit opinion would be
swift.
"ABC has so much power they don't have to be rational, they
don't have to be fair," says Barnard, who challenged ABC's advertising
laws in 1996 on behalf of a group of club and tavern owners, Catalyst magazine
and Wayne Benson, an individual.
"They go off the deep end. Licensees are absolutely terrified
and won't buck them."
Peace of Mind: Instead, they trade advertising freedom for peace
of mind.
Todd Dayley, publisher of The Pillar, which ran the offending
Paper Moon advertisement, now faxes questionable ads to ABC before printing,
"and they fax it back with a stamp and a signature."
In one instance, Dayley pulled an ad that offended an ABC
compliance officer because it showed a man pinching the nipple of another man.
"We ran a picture of a Christmas Tree instead," he said.
"It's like censorship, but we do it more to protect our
clients because we don't want them to close down."
ABC compliance manager Earl Dorius defends the pre-publication
give-and-take as a service to bar owners.
"It's not something we pursue, it's something the club owners
come to us with. There's nothing wrong with that."
National Media: Meanwhile, as ABC quibbles with corner taverns and
dance clubs over their advertising, a flood of more provocative ads in national
newspapers and magazines whet Utah's drinking appetites.
In a recent issue of Entertainment Weekly, a woman, shown from the
waist down in a see-through pink negligee and black panties, lovingly grips a
fifth of Skyy Vodka.
In Time magazine, the proprietors of Jack Daniels bourbon implore
the reader to settle back with a glass "sometime soon." Maker's Mark
suggests a "skinny dip" with a fifth of booze.
Until the 10th Circuit 's ruling, such ads were banned from
publications produced in Utah.
Even after the ruling, alcohol advertising remains "
'chilled' by . . . vague provisions" in Utah's code, say editors at Salt
Lake City's Catalyst.
'Drinking Scene': For instance, it is against Utah law to show a
"drinking scene," and it is a violation of ABC's rules --
which carry the same force as law -- to promote happy hours or
advertise free food. Clubs also are forbidden to promote the legally required
memberships to their establishments. And when ads run on radio, television or
in the print media, ABC requires they be crafted exclusively "for the
members" of the private club.
Furthermore, highway billboards touting a private club are banned
by ABC rule because the commission believes such advertising is "public
solicitation . . . calculated to increase membership."
Most of the rules are subject to interpretation and designed to
discourage anything edgy or creative, says Greta Belanger deJong, editor and
publisher of Catalyst.
For the magazine's June issue, Native Wines of Mount Pleasant
replaced an advertisement touting the "fine art of wine making"
because an ABC employee said it may be illegal.
"People are self-policing themselves like mad," she
says. "But the laws are so fuzzy. If the ABC has to say to themselves that
it may be illegal, it means even they can't figure it out."
The state's prohibition against liquor advertising persists even in
the face of a 1996 U.S. Supreme Court decision that struck down a Rhode Island
ban on the advertising of liquor prices.
Soften Policy: After that ruling, Utah's ABC agreed to soften its policy
against beer advertising, clearing the way for corner grocers and tavern owners
to market Budweiser like they do bread or dancing.
The 10th Circuit has suddenly raised the ante: challenging the
commission's remaining bans against advertising for private clubs, hard liquor
and wine.
At issue is a fundamental premise of Utah's strict control of
liquor: shielding teetotalers.
If this premise falls, drinkers may no longer have to blindly
navigate their way to a sip of alcohol, Barnard says.
According to the 10th Circuit, "Protecting nondrinkers cannot
constitute a substantial state interest justifying Utah's speech
restriction."
"Rule by intimidation has been the pattern forever and ever
at ABC," Barnard says. "But now, although some people may find
alcohol offensive, the [10th Circuit] is saying that isn't a good reason for
legislating silence."
gburton@sltrib.com
AUGUST 2001
1 August 2001Wednesday
Round Table: Gays'
Needs Within Faiths The National Religious Leadership Roundtable, an
interfaith network of leaders of faith-based organizations and gay, lesbian,
bisexual and transgender communities, is conducting its semiannual meeting in
Salt Lake City this week and will hold a public event tonight. The
event, planned for 7 p.m. at St. James Episcopal Church, 7500 S. 1300 East,
will focus on the needs of gay, lesbian, bisexual and transgender youths within
religious communities. "Free to Be: A Forum on Spiritual
Discovery, Not Sexual Recovery for GLBT Youth" will feature a conversation
with a Mormon family whose homosexual son attempted suicide a year
ago.
The round table meeting began Tuesday and will continue through
Thursday.
The task force said the round table chose to meet in
-- Ashley Estes
2 August 2001 Thursday
Roundtable: Love Is Better Than Therapy Thursday, August 2, 2001 BY BOB MIMS THE SALT LAKE TRIBUNE MIDVALE -- Participants in the National Religious Leadership Roundtable were told that unconditional love, understanding and acceptance are the best remedies for teens struggling with sexual identity, not so-called "reparative therapy."
Such schemes, aimed at reversing gay or lesbian tendencies, can serve as vehicles for self-deception. Youths enrolled in them are set up for failure,
depression and sometimes even suicide, about 100 people attending the
interfaith group's semiannual meeting were told Wednesday night.
The Rev. Lee Shaw of the hosting St. James Episcopal Church said the
Washington, D.C.-based NRLR's choice of predominantly Mormon and
pro-traditional family
flourish, was especially timely.
"All too often in our particular state, issues around sexuality, especially
with young people, are hidden," Shaw said. "They are not dealt with in a way
that is helpful for anyone -- the young person, their friends, their families
or their religious institutions."
The Church of Jesus Christ of Latter-day Saints considers homosexual activity grounds for excommunication, and reparative therapy programs have gained the faith's tacit support. However, reparative therapy does not enjoy the backing of Affirmation International, a group for gay, lesbian, bisexual and
transgender Mormons.
Duane Jennings, a
only the support of friends, loved ones and one's religious community brings
true peace for young people who discover their preference is for members of
the same sex.
"It is my experience that those who are able to heal spiritually are able to
step away from the self-loathing that people have been taught [and] into a
place of personal power and wholeness,"
That was the case for Judd Hardy,
who "came out" at age 13 to his parents,
At first, the Hardys enrolled their son in a reparative therapy program, but
it did not work. When Judd attempted suicide, the Hardys decided to embrace
their son and his gay orientation.
Judd, now a 19-year-old
"It's definitely been a journey for our family," he said. "We have broken
down ideas about our religion and what a child should be, what our family
should look like. And family is your refuge, when you need to be accepted and
understood."
A Call To Action by The Rev. Elder Troy D. Perry UFMCC Founder and Moderator Today, I am joining hands with the al-Fatiha Foundation, Amnesty
International, and the International Gay and Lesbian Human Rights Commission
to designate August 15 as an "International Day of Mourning and Solidarity."
Let me explain: People of conscience around the world have
been shocked at the treatment of 54 men arrested by the Egyptian government on
May 11, 2001, solely because of their sexual orientation. These men have been
detained in prison since their arrest,
officially charged with "immoral behavior" and "contempt of
[Moslem] religion." Their trials are slated to resume in
organization for LGBT Moslems, and Amnesty International, that the majority,
if not all, of these men have been detained solely on the grounds of their
alleged sexual orientation. As such they are prisoners of
conscience. We are especially distressed
by reports that these men were ill-treated during their arrest and tortured
during the first days of their detention. To date, Egyptians authorities have
not investigated these inquiries and government officials have refused to
respond to humanitarian inquiries. These actions place
organizations can take, and am asking: -- That prayers be offered for these 54 men
and their families during public worship
services in MCC congregations and all houses of faith on Saturday, August 11 and Sunday, August 12, and that
information on these human rights violations by shared with congregants on that
day. -- That Wednesday, August 15 be
recognized by UFMCC congregations, and by all
people of goodwill, as an "International Day of Mourning and Solidarity"
on behalf of those facing anti-gay persecution and imprisonment in
demonstrations in solidarity with the persecuted Egyptians, and use the press
and media to call attention to their plight. Ideas for such events may be
obtained by contacting the al-Fatiha Foundation That letters
and phone calls be sent to Egyptian embassies around the world asking for the
immediate and unconditional release of these 54 prisoners. (See addresses
below.) -- That you forward this Action Alert to your friends, and to e-mail
lists and listservs to which you belong, in order to focus the world's
attention upon this injustice. When I spoke before the al-Fatiha Foundation
gathering of LGBT Moslems in
UFMCC endorses the following action proposed by Amnesty International.
Please write letters to Egyptian authorities that: --
Express your concern at the ongoing detention of these men; -- Inform them that
we believe these men are detained solely on the grounds of their alleged sexual
orientation; - Communicate that if people are detained solely on account of
their sexual orientation, we join with Amnesty International in considering
them prisoners of conscience and call for their immediate and unconditional
release -- Express your concern at the allegations of torture and ill-treatment
during arrest and detention and call on the authorities to conduct prompt
investigations into these serious allegations. Letters should be addressed to:
Counsellor Maher 'Abd al-Wahid Public Prosecutor Dar al-Qadha al-'
4 August 2001 Saturday
Gathering in Midvale tackles gay issues By Jerry Johnston, Deseret News staff writer David Hardy says he never dreamed same-sex attraction would become his cause. Just as he never dreamed a photo of his gay son, Judd, would be
featured in the current issue of Newsweek or that his once-devout LDS family
would be the toast of a gay and lesbian religious
discussion. But such was the case on
Wednesday when the Hardys, who hail from Salt Lake City, joined about a hundred
local and national religious leaders and lay members at St. James Episcopal
Church in Midvale for a forum on "Spiritual Discovery." In a format
that blended talk-show casualness with an old-fashioned town meeting,
participants discussed ways to "help people understand the diversity of
creation," "keep young people from being beaten up by the Bible"
and "invite the presence of the divine into the room." Several comments were greeted with warm,
spontaneous applause. Sponsored by several gay and lesbian organizations, the
semiannual National Religious Leadership Roundtables are spiritual discussions
held in politically charged cities -- such as
rights debates and
Family program, where the group hoped to "challenge the right wing at its
doorstep." The
NRLR came to
of Affirmation International for Gay & Lesbian Mormons. Jennings said his
goal was to "address the hateful things that have been said" and "move a
spirit-based dialogue into the greater community." Among the participants were Robert F.
Mialovich of Dignity/USA and Kay Whitlock of the American Friends Service
Committee, along with the Rev. Silvia R. Behrend of
I knew I was in for an interesting ride." Eventually, the former LDS
bishop, whose family has now left the church, asked himself, "Are you going
to hold on to the dogma, or take a step in a direction that is really scary?"
He took the step. Today, he says, "The one thing I've learned through all
this is how much I don't know."
Afterwards, Carlie Hardy spoke with the Deseret News about her family's
new high profile. For one thing, she felt the photograph of Judd in Newsweek
made him look sinister. When asked if she worries the national spotlight may
rattle Judd -- who once attempted suicide -- she says, "We're not doing this.
He is."
David Hardy spoke in more philosophical terms, discussing his years in
"There have always been a number of issues that I've had to take on
faith and lock in the back of my mind," he said. But this, he said, was not
one.
"I don't think what we're doing will create change," he said, "though
we may give some people some sleepless nights."
As for Judd, he told the gathering, "We've broken down the idea of what
a family should look like . . . . I've always been told I was among the
select. I still believe it."
The comment drew a burst of spontaneous applause.
E-mail: jerjohn@desnews.com
11 August 2001 Saturday
Meaning of Marriage: Gay Unions Endorsed by Few
Churches BY BOB MIMS THE SALT LAKE
TRIBUNE In many ways, it was an
old-fashioned courtship. After five months of dating, Ted Clayton, a lonely
In his paper, "Assessing Committed Same-Sex Unions: Can a Theological
Accommodation be Made," Schow contends that whether due to mere biology or
divine intent, a segment of the human family is "different in the nature of
the deepest intimacy they seek with another." Whatever
the cause of same-sex attraction, he notes that it has, does and will continue
to exist. Mormons must eventually accept that, Schow contends, and consider how
best to minister to the gays and lesbians amongst them. "Do we care enough
about the well-being of our homosexual brothers and sisters to allow them a
socially- approved supporting structure of love and acceptance and security
such as married heterosexuals enjoy?" he asks. Schow believes that such a
rapprochement between the
least they can see from us that it is possible," Maravi said. Softly smiling at his companion, Clayton said he looks forward to growing old with Maravi, whose exuberance and zest for life is a perfect complement to his own more reserved nature. "We know relationships aren't always easy," Clayton said. "But the
ceremonies will remind us [that] when tough times come along, we know we
are committed to each other, and that this is for the rest of our lives."
bmims@sltrib.com
17 August 2001 Friday
Gay and Lesbian Day held at Lagoon amusement park; Sunday, meet at front of park at 12:45 p.m. to get discount passes; or meet the group later in the park. All are welcome.
26 August 2001Sunday
Suazo's Legacy A hush went across the state Senate
Chamber as SB37, the Hate Crimes Bill, was introduced to the Senate floor.
Listening to the debate, I felt a surge of pride when Sen. Pete Suazo rose in
favor of the bill. At that very instance I knew that
27 Monday
28 Tuesday
29 Wednesday
30 Thursday
31 Friday
SEPTEMBER 2001
3 September 2001 Monday
Labor Day
11 September 2001 Tuesday
Amaerica was attacked by Muslim terrorist today flying planes into the New York Trade Towers and the Pentagon. When I got up this morning and was listening to the Radio From Hell show Bill Allred was excited saying all hell was breaking lose in New York! I turned on the regular news and saw that the World Trade Tower had a jet fly into it and no one was sure if it was an accident but then news reported a second jet plane flew into the second tower so it had to be an attack. I had to get dress and drive into work and at Orchard all the faculty was gathered around the radio in the Leanne Ungers office glued to the news until we had to go to our classes. It was so surreal and I watched the news during my lunch break and there had been an attack on the Pentagon and a plane crash in Pennsylvania that was suspected of being diverted to Washington. As soon as school let out I hurried home and watched the news and the horrible scenes of the World Trade Towers collapsing. All flights in America were grounded but the Saudis who were here were allowed to fly out. Rumors are everwhere that the Saudi terrorists were responsible with al Qaeda. They expect over 3,000 people were killed in the attacks. Its unbelieveable this could happen.
14 September 2001 Friday
JERRY FALWELL BLAMES GAYS/OTHERS FOR TERRORIST ATTACK A Soulforce Response: Once Again, Jerry
Falwell Advances Our Cause Mel
White September 14, 2001 This morning,
before sunrise, our 800 line lit up with calls wanting a Soulforce response to
Jerry Falwell's comments blaming gays and lesbians for the terrorist attacks in
New York and Washington, D.C.Immediately,I checked the Washington Blade web
page for more information. Apparently,
on Thursday morning, September 13, in one of his rare guest appearances on Pat
Robertson's 700 Club, Falwell placed "a lot of the blame [for the
destructive hijackings]" on the Federal Courts "for throwing God out
of the public square" and on his usual list of those "who have tried
to secularize
Roman Catholic and Protestant churches to deny us our religious and
our political rights and protections. Following the guidelines of relentless nonviolent resistance (as taught by Gandhi and King), Soulforce volunteers are committed to taking our stand against the untruth that leads to suffering and death for God's lesbian, gay, bisexual, and transgender children. And
though we are convinced that the extremist language of Pat and Jerry
and the others will eventually turn the entire nation against them, we
are determined to confront their untruth relentlessly with the truth that God created lesbian, gay, bisexual and transgender children and loves them exactly as they were created.
29 September 2001 Saturday
CLEANUP & PLANTING AT MEMORY GROVE Members of the Gay
and Lesbian Community may remember with fondness two venerable institutions,
which were destroyed on August 11, 1999.
The Sun Tavern and
became almost a derelict. The beautiful Meditation Chapel
built in 1948 was padlocked, its stained glass windows riddled with bullet
holes. In 1993 the Utah Heritage
Foundation, looking for a larger home, restored, remodeled and moved into
Memorial House. The first floor reception center was reopened and became a
popular place for meetings, parties and wedding receptions. In 1996 the Memory
Grove Foundation was formed to begin the process of restoring the memorial
monuments within the Grove. The Meditation Chapel was completed restored and
rededicated on Veterans Day, November 11, 1998. Slowly the public started
coming back into the park. Then the
greatest catastrophe of all hit Memory Grove. On August 11, 1999 a tornado
completely devastated Memory Grove uprooting or breaking nearly 500 memorial
trees most of which had been planted and dedicated in remembrance of lost loved
ones. To see the aftermath brought tears
to the eyes of all who cared about Memory Grove. Two years of planning and fundraising ensued.
At last, in June of 2001, Salt Lake City Corporation began Phase I of the
rebuilding of Memory Grove. Extensive work is to be done- new irrigation
systems, thousands of new trees and planting, restoration of the steps and
paths leading to the State Capital, new ADA walkways to the Meditation Chapel
and removal of remaining pieces of war machinery to leave only the monuments
built to honor humanity lost to war. Why are we telling you this? The Gay and Lesbian Community has always been
active in helping the wider community though civic service. We are looking to
you for your help in additional restoration activities that are not currently
part of the Phase I plan for Memory Grove. Two weeks ago, after cocktails, I made Chad
Keller walk up into Memory Grove. I showed him the
30 September 2001Sunday
The Salt Lake Men's Choir will have our fall Concert on Sunday, September 30 at 7:30 in the Jeanne' Wagner Theatre (138 W Broadway) The concert is entitled "Seasons of Love" and is a programme of music that deals with different kinds of love: romantic love, familial love, love of God, of home, of country, etc. Our special guests include the Salt Lake Community College Dance Company, directed by Tess Boone and noted SLC photographer Whitney King. But in light of this months terrible events, we have decided to donate half of the proceeds of this concert to the American Red Cross, to help the victims and their families. Can you help us spread the word? Now, more than ever, we need to share our message of diversity and acceptance--I worry that our country may decend into xenophobia and racism, and we want to add our voices to the support of the fallen, to the need of unity and love--these unbelievable acts came from hate and
intolerance and should be answered with measured justice, not revenge against equally innocent people. We raise our voices in love. Thanks for all your support.
Jonathan president Salt Lake Men's Choir Tickets are available through ArtTix and are $15.00 general admission and $10.00 students and seniors.
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