Journal 2001
I did not keep a daily journal per se but just kept a record of events through recording documents I thought pertinent to Utah’s Gay community. I was 49 at the beginning of the year and turned 50 in April. I was teaching 4th grade at Orchard Elementary in North Salt Lake with Brenda Tau’a and Joann Sandburg who was a nut. I was living at my house at 1633 Fernleaf Street in Salt Lake City between Redwood Road and I-215 off of 1700 north out in the boonies. My relationship with Mike Romero had settled into a loveless companionship, more than roommates but less than lovers. I had a houseful of four dogs, Oscar, Priscilla, Saffy and Smokey. Priscilla was the only one not a schnauzer. I was totally disengaged with the Gay community after the Utah Stonewall Center closed in 1997 and used my free time to archive Gay history and was researching Mormon Blood Atonement history. I had no real connection with any of the Gay comrades I used to have living so far from downtown and teaching in Davis County. President George Bush was inaugurated in January and the prosperity that President Clinton created was over. I renewed a friendship with Ben Anderson who had moved to San Francisco when he asked for me to meet him in Guerneville for the Lazy Bear Rendezvous in July. My life was rather bleak and I seemed to be down in the doldrums extremely overweight at around 270 pounds at one point, killing myself one spoonful at a time.
The tragic attacks of September 11 were the only event that renewed an attempt to write some history down.
JANUARY 2001
1 January 2001 Monday
It’s cold this first day of the year at only 25 degrees. Well
it’s nothing like Space Odyssey 2001 although we went to the moon in 1969. School
starts tomorrow which seems like it’s been a short Christmas Break. We didn’t
do much today just made a pot of beef stew that I have been eating on all day.
Too cold to do much. We have the winter inversion also making it kind of
miserable. Actor Ray Walton died today age 87. My favorite role for him was the
devil in Damn Yankees
Leanne Gibson, the woman that Mike and Rich use to work with at Big A died in her sleep today. Mike and I had bought an old refrigerator from her for the garage. She also had Saffy’s sister as a puppy so we had a dog connection. The fog and inversion is so thick and so bad who would want to live through this.
7 January 2001 Sunday
Today would have been my 24th anniversary. I barely made it to my 11th before Fran and I divorced in 1988.
Unsettling and Enlightening: In response to last Sunday's special report "Gay in Utah," 17 or so individuals either cheered or jeered The Tribune for presenting the series of stories about Utah's gay and lesbian members of the community. "There is no escaping the fact that Utah, the family state, is home to social groupings structured differently from the model with which it is most comfortable," wrote Editor James E. Shelledy in his column on the series. The stories, in essence, told how despite obstacles thrown at them, gays and lesbians in Utah are blending in, quietly making lives for themselves and building families. Those who criticized the paper for publishing stories about the gay community claimed the coverage was "an insult" to the conservative nature of this community. "Homosexual people are a small segment of the population and behave, in part, in a destructive way that does not represent most people in the area," wrote Philip Meidell. "The Tribune did a disservice to the community by putting a story like this in the paper, almost promoting a self-destructive lifestyle as a viable alternative to happiness." And from the other side: "I am sure you will get mail telling you that The Tribune is immoral or evil for running stories about gay people being OK. Many healthy, happy gay and lesbian people in Utah along with their families and friends thank you for your honest coverage of an often difficult topic," said Lynn Westberg. "Please do not let this be the last story about a topic that affects so many people."
8 January 2001 Monday
Public Forum letter Journalistic Masterpiece The series "Gay in Utah" was a journalistic masterpiece. The heat that you will take for it is directly proportional to the light offered. There is probably also a direct relationship between those who appreciate the series, and those who know and love someone who is gay or lesbian. We extend a very special thanks to The Tribune for this very special day in Utah journalism. That The Tribune was being proactive, not reactive, is simply courageous leadership. May all gays and lesbians in Utah have a great year, and may our friends and neighbors make it so. JOE and SHARON WATTS Salt Lake City
9 January 2001 Tuesday
Happy 50th birthday John where ever you are. You are a half a century old now.
11 January 2001 Thursday
Public Forum Letter Damaging Proposal I am deeply concerned by Sen. Steve Poulton's intention to introduce legislation to define the "natural family" (Tribune, Dec. 20). This is a terrible idea. In my work as a family therapist, I have seen many different configurations, including intact families, blended families, single-parent families, cohabiting families, adoptive families, and same-sex parent families, multigenerational families, foster families. The way parents treat their children is far more important than anything else about their living circumstances. I have seen numerous "natural" families in which fathers have perpetrated the most terrible abuses. The fact that they were "natural" families didn't make a bit of difference. I beg the senator to abandon this misguided legislation. If his concern is for our children, then there are many other ways to accomplish his goals. Specifically, he could support schools, boys and girls clubs, tutoring programs, and other agencies which provide services to youth. He could do something about our regressive food tax. He could work to extend health insurance benefits to more of our "working-poor" families. Perhaps he could offer tax incentives for corporations to provide affordable day care. While he's at it, he could insist that businesses pay their fair share of Utah's tax burden. He could even do something about our dismal commitment to the environment. If the senator's goal is to oppose gay and lesbian relationships (never mind that the Utah Code already prohibits marriage between same-sex individuals), then I hope he will deal directly with this issue. He and I will forever be on opposite sides, but at least his motives will be clear. If Sen. Poulton passes this legislation, I fear that he will succeed only in marginalizing many parents who struggle valiantly to provide good homes for their children. Declaring these families to be somehow "unnatural" is a tragic and unnecessary stigma. On the other hand, artificially declaring a specific family configuration to be "natural," without acknowledging that these families also deal with serious problems such as domestic violence and incest, is simply ludicrous. Please stop, Sen. Poulton, before you do any more damage. KEN ROACH Salt Lake City
15 January 2001 Monday
No school today because it’s Martin Luther King’s birthday holiday.
19 January 2001 Friday
I called dad today on his 76th birthday. Dad said mom is down with a cold and has been going to the doctors at Kaiser because of arthritis in her back. No much they can do for it Dad said but give her pills for it. Today is the last day of Bill Clinton’s presidency.
27 January 2001 Saturday-
We were invited to a doggy birthday party for Ron Bennett’s poodle Sebastian. We took Smokey, Priscilla, and Saffy. Surprisingly after the first moments they all got a long surprisingly well with all the other dogs.
31 January 2001 Wednesday
Well the gloomy January is over and we have a new president because the Supreme Court gave the election to George W. Bush over Al Gore. The Republicans finally got rid of President Clinton who was one of the best Presidents in my life time even if he liked to get blow jobs in the Oval Office ha! It’s better than being screwed over by Republicans. We are in the 3rd term at school and my fourth grade class has been pretty good although I think I’d go back to fifth or sixth if there’s an opening next year.
Legal experts come to BYU to debate same-sex marriage issue By Mary Morley The Daily Universe (U-WIRE) PROVO, Utah -- Fervent debate and public outcry would likely result if same-sex partnerships became legally equal to traditional marriages under Utah law. But this is exactly what is being proposed in the "ideal" family laws proposed by the American Law Institute. Legal scholars and professionals from around the nation will meet at Brigham Young University on Thursday through Saturday to discuss these new model laws. The three-day symposium, which is free for BYU students and faculty, will be a forum for legal professionals to debate the pros and cons of the ideals for law reform proposed by the American Law Institute. Lynn Wardle, a BYU law professor and one of the organizers of the symposium, said that because most law professors tend to be liberal in family law issues, the proposed model laws have been well-received so far. "One of the purposes of the conference is to allow people who have some questions about this policy to raise these questions in a very credible fashion," Wardle said. "Rather profound changes are being proposed," he said. In the past, only people who were legally married received the financial, custodial and property rights afforded to married couples, Wardle said. The model laws urge that all domestic partnerships enjoy the same legal status, he said. If the model laws were accepted by the states, all functional parents, including same-sex partnerships, would be allowed to claim custody of children, he said. In more liberal states like California, the model laws might be incorporated into statutory law by the state legislature, Wardale said. But here in Utah, "the more radical provisions would probably be rejected, if not the whole thing," he said. However, the model laws could still become law "through the back door" in Utah if judges incorporate the ideals from the model laws into their opinions, creating common law, he said. Ladd Johnson, 27, a third-year BYU law student from Sandy, said sometimes liberal ideas are heard more because their proponents are more outspoken. The BYU symposium hopes to get both perspectives of the proposed reforms, Johnson said. "It's going to be very cutting edge, very current discussion," he said. "We know there are a lot of students at BYU who would like to do what they can legally for the family." said Johnson, who is also co- founder of the Student Advocates of Traditional Family Policy. One of the best ways that BYU students can influence law is to be informed about what is happening and what the issues are, and then they can act on that knowledge, Johnson said.
FEBRUARY
2001
1 February 2001 Thursday
The University of Utah Gay Lesbian Bisexual Transgendered Resource Center Cordially invites you to attend a fundraising dinner on February 1, 2001 6:00 to 9:00 PM at the Panorama Room University Union 200S. Central Campus Drive Salt Lake City Please respond to Glenda at 581-3490 Black tie Optional
Ground Hog Day or Candlemas. I guess it depends whether you are a pagan or not. We don’t have groundhogs in Utah so what does it matter?
Seemed colder than it
must have been because all the snow has melted but its damp. Called Mom this
morning to say hi and tell her about the Johnson file that cousin Melvin from
7 February 2001 Wednesday
Dale Evans the wife of Roy Rodgers died today at the age of 88. Happy Trails to you.
See No Evil? Last week, during the Gay and Lesbian Film Festival at Utah State University in Logan, the school's Gay Pride Alliance set up a display in the Student Center. When Alliance members learned an employee in the cashier's office asked janitors to place dividers in front of the display so she would not have to look at it, they complained to the administration. As a result, 53 employees in the cashier's and controller's offices must take sensitivity training through the university's Equal Employment Opportunity Office.
11 February 2001 Monday
Then the current, tired leadership hopes and encourages everyone to attend the February 11th meeting at Metropolitan Community Church - 5:00 pm. Why? The Wasatch Chapter of Affirmation will be reorganizing to hopefully better meet the needs of Gay, Lesbian, Bisexual, Transgendered and Intersex peoples from Mormon backgrounds. A Chapter Constitution shall be presented for discussion and ratification. A board of directors will be set up to facilitate the running of the chapter, providing interesting meetings, fun activities and expanded service to the GLBTI Mormon community and increased ability to educate the larger community on GLBTI Mormon issues. The following articles are just a couple of reasons to get involved, overcome our fears and create positive change. Remember - ye have desires to serve, ye are called to the work! Mission Statements - Wasatch Chapter The Wasatch Chapter aims to provide a safe, inclusive space for gay men and lesbians from Mormon backgrounds who live along the Wasatch front. We affirm that a gay/lesbian lifestyle can be a positive one and that homosexuality is not incompatible with spirituality. At the same time, we are a diverse group who embrace a variety of lifestyles and hold a variety of attitudes toward spirituality, religion, morality and politics. We are united chiefly by our desire to interact with others who share our dual background - Mormon and gay/lesbian - and who therefore share the unique struggle and blessings which that duality engenders. * A constitution with by-laws was presented. The status of this is on hold for now for discussion and possible expansion (a few people have grandiose ideas, but it takes the hard work of dedicated people to make any of this become a reality) * Terry O'Brian has accepted to help us facilitate Provo/Utah County meetings, * Morgan Smith has accepted the position of chapter treasurer * Heather Hucks will be over Women's issues and outreach * Jay Bell - Chapter Archivist (more on this will be shared in future emails and Affinity [national monthly newsletter]) * Rick & Duane will be working together to get other positions filled so the chapter can function to carry on services to our GLBT brothers & sisters -- we're all a team of concerned people wishing to help others and make a positive difference in our Mormon Communities. And like a team, if we only have half the players, we either have to forfeit the game, or we get burned out playing against our outnumbered opponent. We have a handful of others who have expressed interest in helping and we shall be working to identify talents and needs that work best together. The following are possible positions that need to be filled -- at least half of
them, for the chapter to meet the needs of the Utah community. . . . Board Chair Duane Jennings Coordinator - Salt Lake: Rick Bickmore Coordinator - Ogden: Coordinator - Provo: Terry O'Brian Correspondence (PO Box) Education Coordinator & Archivist: Jay Bell Family Fellowship/P-Flag Liaison: Gamofite Liaison: Lars Hansen Hotline (phone) Interfaith Coordinator: Duane Jennings Mission Reunion/Fireside Coordinator: Movie Night Coordinator: Rick Bickmore Newsletter: Duane Jennings (For now, but . . . . . ) Phone Tree Coordinator: Publications: Publicity: Secretary: Service Projects coordinator: Treasurer: Morgan Smith Webmaster: Kevin Whithington & Rick Bickmore
Women's Outreach: Heather Hucks - hhucks@h... Women's Potluck Coordinator:
Youth Network Rep: Other . . . ? ? ? ? ? ?
14 February 2001 Wednesday
The room mothers had a Valentines Party after last recess. It’s a big deal in elementary school. I had kids work on Valentine boxes this week and hearts and cupids for their moms.
Pickup Games: Salt Lake
Bartenders Are Prime Spectators to Mating Rituals Pickup Lines: Silence,
Sincerity May Work Best BY JESUS LOPEZ JR. THE SALT LAKE TRIBUNE As
Valentine's Day approaches, couples are making plans to celebrate the one day a
year devoted strictly to romance. But for those on the singles scene, the
search continues. And where are they looking for love? Well, it might be all
the wrong places, but chances are they are looking in a singles bar…
Johnny, a bartender at The Trapp, 102 S. 600 West, said patrons of gay bars may
have a better chance of finding love at a club. Men can be more blunt about
their attraction to each other than heterosexual couples, he said.
18 February 2001 Sunday
Jane Marquardt married her partner in Vermont. The two had a commitment ceremony in Utah. Gay Marriage Showdown May Be Inevitable in Utah Gay Marriage: Illegal in Utah, But For How Long? BY GREG BURTON THE SALT LAKE TRIBUNE COPYRIGHT 2001, THE SALT LAKE TRIBUNE Jane Marquardt is a newlywed. She and her spouse share last names, health insurance and household chores. Like many of their Ogden neighbors, each of the Marquardts work and enjoy the company of their friends and grown children. Unlike their neighbors, both the Marquardts are brides. Jane and her spouse, who asked not to be named, are one of at least three gay Utah couples who have visited Vermont since July, when the state became the first to recognize same-sex couples in a hybrid legal status called civil union. A judge in Newfane, Vt., certified the Marquardts' union. When they returned to Utah, a Weber County judge granted a legal name change. Today, the Marquardts avail themselves of virtually every legal benefit allotted other married couples, thus blurring a traditional family line that the predominantly Mormon, Republican Legislature and The Church of Jesus Christ of Latter-day Saints have worked unwaveringly to etch in law. As the opposing sides strengthen their positions, a legal showdown seems inevitable. "We got married for personal and religious reasons, not to have a lawsuit," says Marquardt, an attorney specializing in estate planning. "But I wouldn't rule it out if the right situation came along." Last week, conservatives in the Utah Senate backed a provision in an anti-polygamy bill that would make it a third-degree felony for people to solemnize outlawed marriages, including gay marriages. Since Utah already prohibits same-sex marriage, the provision appears toothless for now. But the message is clear. "Their point has been made," says Rep. Jackie Biskupski, D-Salt Lake City, Utah's first openly gay lawmaker. "There will be no way they will legally recognize same-sex marriages." On this point and others, many Utahns crave a legal fight. "There will be a challenge in different states," says Laura Milliken Gray, a Salt Lake City attorney and lesbian who specializes in family law. "It will come, because in my mind it's hard to argue the fact that we as citizens aren't welcome to these rights." Legal tension has been building across the country since 1995, when Utah became the first state in the nation to outlaw same-sex marriage. Since then, the Mormon church and its conservative allies have spearheaded efforts to pass state and federal Defense of Marriage Acts (DOMAs) and to challenge judicial decisions that favor gay couples. "People have a right to live the way they want to, and we should not try to infringe upon that right," says Senate Majority Leader Steven Poulton, R-Holladay. "But a family unit is more than just people living their lives the way they want to. Society recognizes that." Ultimately, any challenge to Utah's traditional marriage law depends on persuading the courts that the 1996 federal Defense of Marriage Act violates the U.S. Constitution's Full Faith and Credit Clause, which requires one state to recognize another state's decrees and judgments, including marriage. On that point, the Marquardts and other gay couples are "pushing awful far," says BYU family law professor Lynn Wardle. He co-wrote Utah's anti-gay marriage statute and helped author a Nebraska brief opposing gay marriage in the Vermont Supreme Court, which ruled in 1999 that gay couples are entitled to the same benefits and protections as wedded couples of the opposite sex. "If they hold it out [in Utah] as a legal marriage, they could be prosecuted," Wardle says. On the sidelines, lawyers for the Lambda Legal Defense and Education Fund, a national gay-rights organization, are monitoring developments across the country, including Utah, for possible test cases. "This is not about some chess game of seeing how we can challenge these obviously discriminatory laws," says Evan Wolfson, director of Lambda's Marriage Project. "But government has no business putting barriers in people's way as they seek to care for each other and build lives for each other." In 1995, when Utah passed its DOMA, Lambda promised a court fight. "Only one state, Utah, actually adopted one of these unconstitutional anti-marriage laws," the group's Web site proclaims, "thereby guaranteeing that its taxpayers will face costly and likely losing litigation brought by couples [and others] seeking to defend lawful marriages." Couples like the Marquardts walk a fine line, Wolfson says. "They have a marital status that is not marriage . . . transforming themselves from legal strangers to legal next of kin under law." Marquardt understands that deeper forays into legitimacy could result in a legal backlash. Worst of all, she says, is the fear that if Sen. Ron Allen's anti-polygamy Senate Bill 146 passes, her Utah pastor could face criminal charges if she solemnizes another gay union. Allen, D-Stansbury Park, on Friday amended the bill so people who solemnize outlawed marriages between adults could be charged with a misdemeanor instead of a felony. Even so, the measure properly targets people who officiate at gay weddings, says Utah Senate Majority Whip John Valentine, R-Orem. That bull's-eye disturbs Wolfson. "It's ironic for people who profess respect for religion . . . frankly, I would love to have a crack at that one legally." Biskupski, however, doesn't believe any Utah prosecutor would dare arrest a religious leader. "There has got to be a better way," she says. "We as a society need to recognize that families come in many forms." While it's unclear if, or how, SB146 could affect Utah's gay community, some predict an initial drop in gay commitment ceremonies. "Whenever you think the state Legislature is specifically targeting your life, your union ceremony, as something that should not be lawful, it could have a chilling effect," Marquardt says. "I suppose that's what they might want." But "government can go too far in trying to direct the way people live their lives," says Poulton, who earlier this session fretted over a bill he filed, then withdrew, that would have codified a "natural family" as a union between one man and one woman. The language was suggested by Poulton's former LDS Church leader, Alonzo A. Hinckley, a second cousin of church President Gordon B. Hinckley. "While my religious beliefs will impact my perspective," Poulton says, "I'm not up here to carry action for my church." Three years ago, the Mormon church spent more than $1 million bankrolling ballot-box fights against same-sex marriage in Hawaii and Alaska, and members have been active in anti-gay marriage initiatives in California and Nevada. Still, Wolfson believes other states eventually will follow Vermont's lead in giving gay couples parity when it comes to legal and financial rights. "Benefits should not be tied to whether you are married or not," says Biskupski, who works for an insurance company that does not offer domestic benefits to her partner. "They should work out fairly, across the board." For his part, Poulton is untroubled by the advantages enjoyed by the Marquardts. "I believe we've put up all the walls we feel are appropriate. I can live with the rest." Mormon leaders are careful to frame efforts to prevent gay marriage in terms of love, not hate. In 1999, Gordon B. Hinckley told priesthood holders during General Conference that the church would always work to preserve the "sacred institution" of marriage, but he also said the faith's opposition to same-sex marriage should not be interpreted "as justification for hatred, intolerance or abuse. "Our hearts go out to those who refer to themselves as gays and lesbians," he said, even as the church adheres to its tenet of celibacy outside heterosexual marriage. The same tones reflect current legislative thinking in Utah. "We exist as a nation because our Father in heaven has blessed us," Poulton says. "This brings us into religion and what's appropriate from a religious standpoint. . . . [Gay people] will continue to be accepted, and hopefully more accepted down the road. But their lifestyle will never be condoned." But acceptance, Marquardt says, is not enough. "If you come to a gay union ceremony, you'll find people who are quite happy," she says. "And they'll be even happier when they are treated just like every other married person. In every way."
19 February 2001 Monday
There’s no school today because it’s President’s Day
Director Stanley Kramer died today 87 years old. He directed “on the Beach” Inherit the Wind”, Judgment at Nuremburg, It’s a Mad, Mad, Mad, Mad World, and Guess Who’s Coming to Dinner.
22 February 2001 Thursday
The Salt Lake Tribune Heard On the Hill The white-supremacist National Alliance and the morals-crusading Utah Eagle Forum are the most visible groups lobbying against a hate-crimes bill in the Legislature. The Eagle Forum worries the bill would give special protections to gays and lesbians. But now gay-rights activist David Nelson also is raising concerns. While Nelson says the bill is well-intentioned, he says it "falls short" in protecting gays. The Democratic stalwart points to Texas. Lawmakers in the Lone Star state are debating an amendment that would name protected groups -- from ethnic minorities to gays
26 February 2001 Monday
Time: 7:00 pm Place: "The Center" 361 North 300 West Attorney, Laura Gray, will be giving information about legally protecting your family and children. If one of you died, your relationship failed, or your children needed emergency medical care, do you know what rights you have and how to protect yourselves? Come and get answers to your questions. Refreshments will be served! Call Ann at 467-9010 with any questions about this activity. Hope to see you there!
27 February 2001 Tuesday
Join us today, February 27 at 1:30 PM in the Capitol Rotunda to show your support for the passage of hate crimes legislation! This will be an informal gathering to get the attention of House members and urge their support for hate crimes legislation. Please join us - we know this is short notice, but this is a critical opportunity and we need as many people as possible to join us today! As you may have heard, the House defeated a motion yesterday to bring the hate crimes bill to the floor for debate by a vote of 39 to 36 But bill sponsors and supporters are committed to seeing this legislation passed after four years of trying and are planning to try to bring it to the House floor for debate again today and we need to show strong community support for the bill. This bill, sponsored by Sen. Pete Suazo (D) and Rep. Gerry Adair (R), enhances penalties for crimes motivated by bias or prejudice against a group. The bill is supported by law enforcement and prosecutors as an effective way to fight everything from gang violence to racial attacks. A hate crimes law does not prevent people from expressing differing values, thoughts, or beliefs. Instead, it deters violence stemming from prejudice or bias and sends a clear message that hate activity and hate groups are not welcome in Utah. Hate crimes are more serious because they victimize an entire community rather than just the individual victim of the crime. Also, contact your representative and ask him/her to vote for the bill when it comes to the floor for a vote. Please forward this message to others who may be interested in attending!
28 February 2001 Wednesday
I really like February because it seems like a short month with a Presidents holiday even in it. We will have a career ladder day in the middle of March but the real break will be Spring Break. The district has been reducing Spring Break from a week to just a four day week end.
MARCH 2001
1 March 2001 Thursday
Well it’s March and time to put up the Leprechauns and clover on the bulletin boards. If the weather behaves towards of the end of the month we will have kite day and go out on the field to fly kites.
7 March 2001 Wednesday
Maureen Duffy Boose aka Aisling had a letter in the letters to the Editor that said Gayle Ruziicka’s values are not everyone’s values. Good letter. It’s getting spring like with it being in the 60’s for a few days.
13 March 2001 Tuesday
Court Hears Arguments on Sex Laws Federal judges ponder statutes outlawing fornication in Utah BY MICHAEL VIGH THE SALT LAKE TRIBUNE DENVER -- A Utah law that forbids sex between unmarried, consenting adults is a violation of privacy and free expression, a Salt Lake City civil rights attorney argued before a federal appellate court Monday. Brian Barnard told a three-judge panel of the 10th U.S. Circuit Court of Appeals that sexual acts are the most meaningful way one person expresses love to another. He argued that the laws are unconstitutional and should be scrapped. "Making love is the best means of nonverbal communication between two people," Barnard said. "In the state of Utah, if an unmarried, heterosexual couple decide to have a child together, they are breaking the law." Barnard added that "intimate, expressive conduct is just as crucial, just as important as political speech. It's the core of the human race, the core of our society." But Assistant U.S. Attorney Thomas Roberts argued during a 30-minute hearing before the panel that the plaintiffs in the case didn't have the right to sue because they have not been threatened with prosecution. "There is no case in controversy," Roberts said. "If all we have is simple fornication in private, that is not going to be prosecuted." Presiding Judge Stephanie Seymour asked Roberts if an ex-lover would be prosecuted if his or her jilted partner became angry and called police. Roberts said if that happened, that person would have the legal right to challenge the statutes. Roberts said, "If any of these plaintiffs were charged with a crime, they would have standing," that is the legal right to sue. He also argued that the plaintiffs cannot challenge the law on the grounds that they might one day face prosecution. Utah is one of about 20 states that still have fornication and sodomy laws, which make it a crime for single, heterosexual adults to have sex. The remaining states have either abolished the laws by judicial review or a legislative cleansing of the criminal code of outdated and little-used statutes. In Utah, sodomy and fornication are class B misdemeanors which are punishable by up to 6 months behind bars and a $1,000 fine. Barnard's clients -- "D.M.W." and "J.O.H.N." -- filed suit a decade ago to kill the laws because they feared being prosecuted for casual sex. Two years ago, U.S. Magistrate Judge Ronald Boyce tossed the suit out because the plaintiffs could not prove they were in imminent danger of prosecution. The three-judge panel took the oral arguments under advisement. It is not known when they will rule.
14 March 2001 Wednesday
15 March 2001 Thursday
One of my favorite old Hollywood actor and television star from the 1950’s, Ann Sothern died today. She was 92 years old.
20 March 2001 Tuesday
Today is the first day of spring and mom and dad’s 55th wedding anniversary
21 March 2001 Wednesday
Public Forum letter Image of Bigotry To the embarrassment of many Utahns, the Legislature has once again voted down a basic hate crimes bill. To those lawmakers responsible for defeating this legislation, high congratulations! For the fourth time in four years you have raised the flag of ignorance, intolerance and homophobia for the world to see. What a grand image this action must reflect in the eyes of this country and other nations as Utah comes more clearly into focus as the site of the 2002 Winter Olympics. It has become increasingly evident that the hate crimes bill would have easily passed if homosexuals had been eliminated from the list of those covered by the law. It appears that many legislators, particularly Republicans, are still of the opinion that homosexuality is merely a "lifestyle." Read my lips, or in this case, my words! Homosexuality is not about a lifestyle. It is about who you are, not what you do. Homosexuals are not heterosexuals with "homosexual inclinations" who can be "fixed" with reparative therapy. They are a totally separate and equal creation and deserve equal rights and protection under the law. If one thinks about the vast real problems confronting our society and attacking our family structure such as family violence, divorce, child abuse, substance abuse and isolation, it becomes clear that individuals who are obsessed with how a minority of our citizens express love have established a most peculiar set of priorities for themselves and others. Healthy, secure and well-educated heterosexuals who can think for themselves do not feel threatened by homosexuality. It appears as though with some people there is an almost paranoid fear that accepting gays and allowing them their civil rights and protection found in hate crimes legislation will somehow undermine the entire moral fabric of our society. What nonsense! MAC MADSEN Ogden
25 march 2001 Sunday
Pot luck dinner and Oscar Party at the home of Paul and Sandy Thomas, 484 E 2100 N in Provo. Drinks and utensils will be provided. Please join us for a good time and good food, and bring some food item to share with the rest of us. We'll be watching the Academy Awards broadcast while we socialize, and we'll have an Oscar-voting contest, with a prize for whoever makes the most correct picks. We're invited to stay until the broadcast is over, but you're welcome to arrive and leave whenever you'd like. To carpool from Salt Lake, meet at Duane's by 3:45. Call Rick (801-860-6497) if you need directions either to Duane's or to the Thomas home.
28 March 2001 Wednesday
President Bush withdrew support for the 1997 Kyoto Protocol on the reduction of greenhouse gases. Typical Republican.
29 March 2001 Thursday
Brass Suspend Two Gays Punished student says school has 'no proof' of violations; Two Students Suspended From BYU For Alleged Gay Acts BY KIRSTEN STEWART THE SALT LAKE TRIBUNE COPYRIGHT 2001, THE SALT LAKE TRIBUNE Richard "Ricky" Escoto, a gay Mormon and Brigham Young University student, always considered the LDS Church's stance on homosexuality to be benevolent, even accepting. "I figured as long as I remained chaste the church would welcome me," he said. But Escoto has found it is not that simple. BYU, owned by The Church of Jesus Christ of Latter-day Saints, recently suspended Escoto under the university's honor code for violations related to disputed allegations of homosexual conduct. According to Escoto, as well as another gay BYU student suspended two weeks ago, being gay without engaging in homosexual activity may be permitted at the Provo school, but students risk being sanctioned for even talking about same-sex attraction or associating -- however chastely -- with other gays or lesbians. On March 13, the school suspended Escoto, a sophomore from Los Angeles, on four counts: that he received gifts from other men, visited gay-oriented Internet chat rooms on his home computer, was seen on "dates" with at least three different men and was found "making out" with another male in his apartment. The two-semester suspension begins April 25. Escoto, 21, disputes the allegations. He says the school has "no proof of anything," but instead relied on the false testimony of "bigoted" roommates. His only crime, he says, was confiding his "issues with same-sex attraction" to a roommate with whom he was particularly close. Word quickly got out among the other roommates who turned him in to BYU's Honor Code Office, he said. BYU's strict honor code, which must be signed by all students, lists "homosexual conduct" among other prohibitions under the heading "sexual misconduct." The reference to homosexuality, added in the late 1990s, doesn't elaborate. "The Honor Code is not a laundry list of do's and don'ts," said Carri Jenkins, BYU spokeswoman, who confirmed Escoto's suspension but declined to discuss details. "It's not going to go through and spell out everything involved. Students have the maturity to decipher that and listen to what church leaders are telling us." Less than 2 percent to 3 percent of BYU's 30,000 students are referred to the Honor Code Office annually, most for minor dress code violations. Jenkins would not say how many referrals are related to homosexual conduct or result in suspensions. "But it's not many," she said. Contrary to what some students believe, "There are no sting operations. No one is going out and asking students their sexual orientation. It's not something they ask when they apply to the university," said Jenkins, referring to news stories in the '60s and '70s about campus police spot-checking gay dance clubs for license plates of BYU students, or posing as gay men and soliciting sexual favors from male students. The school's policy follows church guidelines that differentiate between homosexual tendencies and homosexual acts, Jenkins said. There is some confusion among students, however, about what precisely constitutes a homosexual act. "They don't spell it out in the honor code. I just thought it meant no sex," said Matthew Grierson, 21, who was told March 12 to either withdraw from the university or face a two-semester suspension. Grierson, a senior from Dallas, Texas, who was on a full academic scholarship at BYU, withdrew. Grierson said he was reprimanded for allegedly kissing a man on campus and holding a man's hand at a Provo mall. He admitted only to the latter. Escoto submitted a formal denial of his roommates' allegations and included character reference letters from fellow students and a former BYU professor living in California. But in the end, he said, school officials took his roommates' word over his. "Their official stance is they don't need further proof. They just need to determine it to be more probable or not," he said. Escoto contacted the American Civil Liberties Union but was told he has no case against the private institution. While the honor code may not spell out what behavior is unacceptable, a list of conditions Escoto and Grierson must meet to be readmitted does. The eight provisions detailed in Escoto's March 26 letter from Lane Fischer, BYU's associate dean of students, include: meeting regularly with religious leaders and a professional counselor approved by the Honor Code Office, who will attest that Escoto has refrained from engaging in "inappropriate same-sex behavior, including but not limited to dating, holding hands, kissing, romantic touching, showering, clubbing, etc., as well as regular association with homosexual men." The letter also reminds Escoto it is "inappropriate for a BYU student to advocate for the [homosexual] lifestyle, speak or write papers for public consumption, demonstrate in a public forum, or advertise your same-sex preference in any other public way." Grierson's letter of reprimand mostly reiterates these points, and reminds him that "it is inappropriate to demonstrate intimate affection for a person of the same gender." Jenkins said an authorized counselor does not have to be LDS or affiliated with LDS Social Services, which operates a counseling center on campus, nor are students required to undergo reparative or conversion therapy. That's not exactly true, said Grierson, who has seen a counselor at LDS Social Services for more than a year. "They don't call it reparative therapy, but that's what it is. The goal was to get to a place where my counselor could testify I was making progress," he said. "It was nice to have someone to talk to, but it wasn't like I was making progress being straight." The church's continued insistence on changing a person's sexual orientation irks some church members, particularly parents of gay children. Mac Madsen, a Mormon and BYU alumnus whose daughter is a lesbian, says, "Ultimately [church leadership] will have to relent the belief that homosexuality is a learned behavior." But, according to LDS Church spokesman Dale Bills, the approach is in keeping with church practices and the messages delivered to members by its leaders. "Church leaders compassionately assist those who struggle with same-gender attraction. Professional counseling may be a part of that assistance," he said.Bills pointed out that during an October 1998 General Conference LDS Church President Gordon B. Hinckley said the church welcomes gays and lesbians as "sons and daughters of God," who like any other faithful member must refrain from sex outside of heterosexual marriage or be subject to church discipline. Until now, Escoto has not openly admitted to being gay, telling school officials and friends instead that he has "issues with same-sex attraction," or "SSA" as it is commonly referred to on campus. But Escoto, who hesitated to "come out" because of what he perceives to be the church's anti-gay stance, told The Salt Lake Tribune, "Yes, I'm gay." e-mail: kstewart@sltrib.com
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