UTAH: Lesbian Moms Win Birth Certificate Battle With State

Via the Salt Lake Tribune:

A federal judge said Wednesday that Utah must recognize the rights of a married lesbian couple by issuing a birth certificate for their infant daughter that lists both of the women as legal parents. "The state has failed to show any legitimate reason, actually any reason at all, for not treating a female spouse in a same-sex marriage the same as a male spouse in an opposite-sex marriage with regard to be recognized as the legal parent" when the child has been conceived with donated sperm, U.S. District Judge Dee Benson said. The ruling in the case of Angela and Kami Roe is the first in the wake of the June U.S. Supreme Court decision legalizing same-sex unions in all 50 states, attorneys for the American Civil Liberties Union said.

Important: "Utah's assisted-reproduction statute addresses only donated sperm, not a woman's egg or surrogacy, so the decision does not affect married gay men."

UTAH: LDS Donates To LGBT Center

The Mormon Church has made its first-ever donation to an LGBT organization. Ben Winslow reports for Salt Lake City's Fox affiliate:

The LDS Church quietly made a $2,500 donation to the non-profit Utah Pride Center to help its efforts with LGBT homeless and youth. The money, coming in the form of access to the Bishop’s Storehouse, will provide food for those in need, the Utah Pride Center told FOX 13. In a grant letter, the LDS Church wrote: “We are grateful to be able to serve your efforts in this worthy project and appreciate the work that you and others are doing related to this initiative.” The LDS Church declined to comment beyond what it wrote in that letter, a spokesman told FOX 13. Members of the Utah Pride Center were thrilled with the donation. “The Utah Pride Center is grateful for the church’s help in our efforts to provide food for those in our community who are in need,” said the center’s board president, Kent Frogley, in a statement.

The donation did not comes as a surprise as the group had applied for the grant.

UTAH: Gay Lawmaker Claims AG Is Prepping To End Same-Sex Marriages

Openly gay Utah state Sen. Jim Dabakis has posted a Facebook message in which he claims to have insider knowledge that the Supreme Court ruling on marriage will come tomorrow or Friday. Dabakis goes on to declare that the Utah attorney general already has a legal team preparing to suspend same-sex marriages should the ruling go against us. The latter claim has AG Sean Reyes fuming:

“Senator Dabakis’ comments are irresponsible and not grounded in any fact. Our office is not preparing any litigation to undo marriages and the Attorney General has not made any statements guaranteeing or predicting a win for the states on the issue,” Reyes said in an emailed statement to FOX 13. “Our office has carefully and conscientiously approached the marriage issue during the entire legal process with the respect and dignity it deserves. It is too bad the Senator continues to try to incite fear and use hate mongering on an issue so important to many people.” “Hiding behind the device of a rumor from a ‘guy who should know,’ the Senator could have easily called our office in a minute to find out the truth. Clearly, he chose not to so he could generate anxiety and conjure doubts among those who believe, or may be led to believe, our office bears any ill will towards them. We most certainly do not.”

Dabakis has responded on Facebook: "On my blog, I told the truth. The Attorney General takes offense. Sorry you're offended by my post. Imagine, Mr AG, how offensive it is to thousands of Utah LGBT families--you trying to break them apart. Sorry your sore--but imagine the pain created if you get your way. Loads of happy Utah youngsters with same sex parents--children that will be, suddenly, legal strangers with one of their own parents. Imagine that pain."

RELATED: In April, Dabakis announced his intent to run for mayor of Salt Lake City. Dabakis, who is the co-founder of Equality Utah and the Utah Pride Center, married his husband in 2013 on the day that same-sex marriage became legal there. The ceremony was officiated by current Salt Lake City Mayor Ralph Becker, a Democrat, who has already announced his plan to run for a third term. Dabakis is Utah's only openly gay state lawmaker.

UTAH: Marriage Plaintiffs Get Hitched

Via Salt Lake City's Fox affiliate:

Theirs was a marriage made in litigation. Derek Kitchen and Moudi Sbeity, the couple involved in the landmark case that led to same-sex marriage in Utah, tied the knot in a downtown ceremony Sunday. “I’m grateful for the opportunity to love you,” Kitchen said in his vows. “Derek Kitchen, I love you,” Sbeity said in his vows. After the two were pronounced “husband and husband,” the crowd of about 500 at the Gallivan Center erupted in cheers as they kissed and marched down the aisle, hand in hand. “It was a long time coming and it feels like, the best accomplishment I’ve ever made in my life is marrying him,” Moudi Sbeity-Kitchen (the last name the couple has chosen) said in an interview with FOX 13 afterward.

In February, Kitchen announced his plan to run for the Salt Lake City city council.

15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

UTAH: Openly Gay State Sen. Jim Dabakis To Run For Mayor Of Salt Lake City

"I believe a great mayor needs a big heart! The mayor is the leader of the City. It is the mayor's job to bring people together. Find common ground. Unite the community! A mayor needs to be out of his office. Out in the community - every day. Checking the pulse. Out in the neighborhoods. At the festivals. At the neighborhood barbecues. Sitting down with the Hispanic Community. Invading the west side with attention, jobs, and clean development. The mayor should be equally comfortable at the Utah Pride Festival or sitting at the LDS Conference! The mayor needs to be an active, uniting force, bringing our communities together! I pledge to do that." - Openly gay Utah state Sen. Jim Dabakis, in a press release announcing his bid for mayor of Salt Lake City.

RELATED: Dabakis, who is the co-founder of Equality Utah and the Utah Pride Center, married his husband in 2013 on the day that same-sex marriage became legal there. The ceremony was officiated by current Salt Lake City Mayor Ralph Becker, a Democrat, who has already announced his plan to run for a third term.

Log Cabin: We Helped Make Utah Happen

"Having visited the Beehive State and Governor Herbert less than two years ago, I know firsthand how hard Log Cabin Republicans of Utah President James Humphreys and his team have been working to achieve this monumental victory. The passage of this bill in Utah should show Republicans around the country that the balance between LGBT rights and religious liberty is not a zero-sum game. Likewise, advocates on the gay left would do well to see that an all-or-nothing approach to LGBT protections with no reasonable religious exemption will doom passage of any similar non-discrimination protections in GOP-controlled legislatures, be they state or federal. I'm proud of the many Republicans, common-sense LGBT advocates, and the Log Cabin Republicans of Utah who worked tirelessly to achieve this historic milestone in the reddest of red states." - Log Cabin Republicans head Gregory Angelo, via email.

UTAH: Watch Gov. Gary Herbert Sign Bill Outlawing Anti-LGBT Discrimination

As you can see in the tweet above, there were two pieces of good news out of Utah last night as the "license to discriminate" bill is dead for this legislative session. The clip below was posted to Gov. Herbert's official YouTube channel.

UTAH: State House Overwhelmingly Passes LGBT Non-Discrimination Bill

Via Salt Lake City's Fox affiliate:

The gallery was packed as Rep. Brad Dee, R-Ogden, presented the bill. Behind him were his co-sponsors, Sen. Steve Urquhart, R-St. George, and Senate Majority Whip Stuart Adams, R-Layton. “There was a lot of people and a lot of faith that went into this particular bill,” Dee said, crying. An LGBT nondiscrimination bill, which has been attempted for years in the Utah State Legislature, got massive support after it received the blessing of The Church of Jesus Christ of Latter-day Saints. SB296 was the product of heavy negotiations between its sponsors, gay rights groups and the LDS Church.

Rep. Sandra Hollins, D-Salt Lake City, took her fellow lawmakers to task declaring it “embarrassing” that they even had to deal with this in 2015. Rep. Keven Stratton, R-Orem, believed “Utah can be a light on the hill to lead” by passing model legislation. “Homosexuality is not a civil right but equal access to housing and employment is,” Rep. Merrill Nelson, R-Grantsville, said. In a 65-10 vote, SB296 passed. The gallery, filled with many members of Utah’s LGBT community, erupted in applause. The vote was so emotional, the House reading clerk could not find the words to start reading the next bill. She wiped her tears and handed the next bill to an assistant to read.

The House also approved a bill that would allow state employees to opt-out of performing same-sex marriages, although someone else in the clerks' offices will still have to perform them. Utah Gov. Gary Herbert will sign the LGBT non-discrimination bill in a ceremony to be held tonight.

RELATED: As you'll see at the link above, the House also approved a "license to discriminate" bill regarding public accommodations. HB322 is expected to face a tough battle in the final legislative session of the state Senate.

Headline Of The Day

Details.

HRC Slams LDS "Truce" On LGBT Rights

Via press release from the Human Rights Campaign:

“Symbolically, seeing the church leaders advocating so openly for these protections will no doubt be deeply meaningful to Mormon families with LGBT members, and provide encouragement to LGBT youth in the church,” said HRC Legal Director Sarah Warbelow. “But, as a matter of public policy, it appears deeply flawed.” Doctors would still be allowed to deny medical care. Pharmacists would still be allowed to refuse to fill valid prescriptions. And landlords, as well as business operators, would still be allowed to reject LGBT people. All in the name of religion.

“We share the church’s commitment to freedom of religion. We embrace the principles of the First Amendment and believe churches do and should have the right to make determinations about who fills their pews. But non-discrimination protections only function when they are applied equally,” Warbelow said. "It should be stated that there are countless LGBT Mormons, and Mormon allies, who support equality, not in spite of their faith but because of it."

The Mormon church in recent years has been adjusting its language around LGBT people to be kinder, more accepting. Today’s announcement reflected that, but falls far short of embracing full inclusion and equality for LGBT people. “All Americans should have the right to be employed, receive housing and services in environments free of discrimination,” Warbelow said. "We await the day the church embraces that fully, without any exceptions or exemptions.”

My post on today's press conference by Mormon Church leaders is here.

UTAH: LDS Church Backs LGBT Rights In Return For Stiffer Religion Carve-Outs

Via Salt Lake City's Fox affiliate:

In at least one big and bruising culture-war battle, the Mormon church wants to call a partial truce. Convening a rare press conference on Tuesday at church headquarters in Salt Lake City, Mormon leaders pledged to support anti-discrimination laws for gays, lesbians, bisexuals and transgender people, as long the laws also protect the rights of religious groups. In exchange, the Mormon church wants gay rights advocates — and the government — to back off. “When religious people are publicly intimidated, retaliated against, forced from employment or made to suffer personal loss because they have raised their voice in the public square, donated to a cause or participated in an election, our democracy is the loser,” said Elder Dallin Oaks, a member of the church’s Quorum of Twelve Apostles. “Such tactics are every bit as wrong as denying access to employment, housing or public services because of race or gender.”

At today's press conference Oaks cited Houston's subpoenaing of pastors as a recent example of Christians being oppressed. In 2009 the Mormon Church backed an LGBT rights ordinance in Salt Lake City and while they say they still oppose same-sex marriage, today's announcement is meant to indicate support for similar legislation elsewhere. With one condition.

UPDATE: Openly gay Utah state Sen. Jim Dabakis just sent us a statement.

"I am proud that the LDS Church has seen fit to lead the way in non-discrimination. As a religious institution, Mormons have had a long history of being the victims of discrimination and persecution. They understand more than most the value and strength of creating a civil society that judges people by the content of their character and their ability to do a job. Since serving as a Senator, and as the only LGBT member of the Utah legislature, I can say one of the joys of the job has been to meet and enjoy the company of LDS officials. I know that together, we can build a community that strongly protects religious organizations constitutional liberties and, in addition, creates a civil, respectful, nurturing culture where differences are honored and everyone feels welcome. Now, lets roll up our sleeves, get to work and pass a statewide Non-Discrimination Bill."

Dabakis is the co-founder of Equality Utah. Hours after same-sex marriage became legal there in December 2013, he married his husband in a ceremony officiated by Salt Lake City's mayor.

Matt Baume: Marriage News Watch

Salt Lake Tribune Names Marriage Plaintiffs "Utahns Of The Year"

Via the Salt Lake Tribune:

These six people put their names to the lawsuit challenging Amendment 3. They stood up, stood together and helped history along. Through 2014, they rode the legal roller coaster — to the 10th U.S. Circuit Court of Appeals, which upheld Shelby’s ruling, and onto the U.S. Supreme Court, which issued a stay on the ruling. In October, the high court declined to hear appeals from Utah and four other states. In essence, the denial made same-sex marriage legal in those states. Because of these Utah plaintiffs — who bravely made public their most private lives — the state took an unlikely position among the vanguard in the biggest civil-rights movement of the day. Forever, their names will be associated with a tidal wave of change that swept the country. fFor that, Derek Kitchen and Moudi Sbeity, Karen Archer and Kate Call, Laurie Wood and Kody Partridge are The Salt Lake Tribune Utahns of the Year.

Mississippi Asks Fifth Circuit To Extend Marriage Stay: Don't Turn Us Into Utah

Mississippi Gov. Phil Bryant and state Attorney General Jim Hood this afternoon filed a motion with the Fifth Circuit Court which demands an indefinite stay extension on yesterday's ruling by a federal district court. That court's stay is scheduled to expire in two weeks and according to today's filing, unless an emergency extension is granted, there will be another "debacle" as was seen in Utah.

Absent the immediate entry of an emergency stay, at the opening of business on Wednesday, December 10, 2014, Mississippi circuit clerks will be forced to issue marriage licenses to same-sex couples, inderogation of Mississippi’s strong public policy favoring traditional marriages, as reflected in state statutory and constitutional provisions. The State Defendants, Governor Phil Bryant and Attorney General Jim Hood, filed a contingent motion for stay pending appeal in the district court in the event that court entered a preliminary injunction. Last night, the district court granted the Plaintiff-Appellees’ Motion for Preliminary Injunction, but entered only a 14 day temporary stay, necessitating this request for emergency relief.

The preliminary injunction drastically alters the status quo and disrupts the social fabric and traditions of the State. If same-sex marriages are permitted to proceed, even for a very short time, if the validity of Mississippi’s traditional marriage laws is upheld on appeal, the State would be presented with the extremely unfortunate and thorny issue of having to legally unwind any marital or other family relationships which were created or altered pursuant to “in the interim” same-sex marriage licenses. The recent debacle in the State of Utah that resulted from the courts’ “on-again, off-again” treatment of same-sex marriage is illustrative, and this Court should take action to prevent Mississippi from having to endure the same experience.

Read the full filing at Equality Case Files.

The Porn Star Pastafarian

Former porn actress Asia Lemmon (real name Jessica Steinhauser) was allowed to wear her Holy Colander while posing for her Utah driver's license.

Lemmon, who says she is an atheist, said claiming membership in the Church of the Flying Spaghetti Monster was a decision she’s proud of. “I’m a really proud, outspoken atheist,” Lemmon said. “I am proud of Utah for allowing freedom of all religions in what is considered by many to be a one-religion state. I wanted to see if I could (wear the colander) in Utah. I wasn’t sure if they would let me.” According to the St. George resident, she met with early resistance at the Department of Motor Vehicles in Hurricane but, presented with printed documents backing up her religious freedom, DMV employees took the photo without question. “It was surprisingly really, really easy,” she said.

She is the fourth American (and first in Utah) known to have been allowed to pose this way for a driver's license photo. Blessed be the Beer Volcano.

Mormon Church Confesses: Yes, Joseph Smith Married As Many As 40 Women

The Mormon Church has finally formally acknowledged that its founder Joseph Smith married as many as 40 women, one of whom was only 14 years old at the time.

Elder Steven E. Snow, the church historian and a member of its senior leadership, said in an interview, “There is so much out there on the Internet that we felt we owed our members a safe place where they could go to get reliable, faith-promoting information that was true about some of these more difficult aspects of our history. “We need to be truthful, and we need to understand our history,” Elder Snow said. “I believe our history is full of stories of faith and devotion and sacrifice, but these people weren’t perfect.” The essay on “plural marriage” in the early days of the Mormon movement in Ohio and Illinois says polygamy was commanded by God, revealed to Smith and accepted by him and his followers only very reluctantly. Abraham and other Old Testament patriarchs had multiple wives, and Smith preached that his church was the “restoration” of the early, true Christian church. Most of Smith’s wives were between the ages of 20 and 40, the essay says, but he married Helen Mar Kimball, a daughter of two close friends, “several months before her 15th birthday.” A footnote says that according to “careful estimates,” Smith had 30 to 40 wives. The biggest bombshell for some in the essays is that Smith married women who were already married, some to men who were Smith’s friends and followers.

The revelation notes that Smith probably didn't have sex with all his wives as some of them were merely "sealed" into being his eternal wife in the next life. And on the next planet.

UTAH: Same-Sex Adoption Now Legal

Via the Salt Lake Tribune:

The Utah Supreme Court on Thursday lifted a stay which had barred from completion four pending adoptions of children by their same-sex parents. The action clears the way for the Utah Department of Health to issue birth certificates that list the same-sex parents as the children’s legal parents. It will also restart countless other adoptions that were left in limbo by Utah’s contention that the cases should be on hold until it was clear that gay marriage would be legal in the Beehive state. "The families involved are obviously relieved and thrilled," said Laura Milliken Gray, an attorney who represented one of the four families, and who also had six other adoptions in process when the stay was put in place. The court’s action was not unexpected, she said. The Utah Attorney General’s Office asked the state’s high court to lift the stay and any pending petitions for extraordinary relief. Utah’s reversal on the issue came two weeks ago when the 10th Circuit Court of Appeals in Denver ended Utah’s legal battle over the recognition of same-sex marriages and its associated rights, including adoption. Previously, so-called second parents had no legal rights to their children.

Equality Utah reacts: "This rectifies a major injustice. Families all over Utah are celebrating having their families united."

UTAH: Gov. Gary Herbert Is "Surprised And Disappointed" In SCOTUS Decision

UTAH: Gov & AG Make Nice, State Begins Issuing Same-Sex Marriage Licenses

Utah's governor and attorney general today threw up their hands and said, "Sorry about all that hate. Besties forever?" Via the Salt Lake Tribune:

Salt Lake County District Attorney Sim Gill said marriage licenses would be immediately issued to same-sex couples. "Not to issue one would be a violation of the 10th Circuit’s mandate and a violation of these couples’ constitutional rights," Gill told The Salt Lake Tribune. "We’ve given the go-ahead to begin issuing [marriage] licenses right away." Gov. Gary Herbert said at a news conference that he sent a letter to his cabinet members ordering them to recognize all legally performed marriages, that gay couples can follow the same process as everyone else to get benefits. "We are a nation of laws and we here in Utah, we’ll uphold the law," Herbert said. Utah Attorney General Sean Reyes said he hadn’t had chance to "review the impact of this case" but says it lends clarity to issues of adoption and marriage recognition. "It’s time for people of goodwill on both sides of the issue to come together now and heal any rifts. We are all Utahns," Reyes said. Gill later issued a statement saying he had conferred with Salt Lake County Clerk Sherrie Swensen, advising her she may immediately begin issuing marriage licenses to same-sex couples. "We are excited and pleased that we now have clarity from the courts and the fundamental rights of all Utahns are honored and protected," Gill said. "The legal analysis of Judge [Robert] Shelby has been affirmed to the benefit of all."

The first license was issued at 11AM local time.