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LGBT advocacy group report finds Utah legislation is ‘building equality’

State’s rating improves after 2015 Legislature passed five “good bills.”

Utah State Equality Index scorecard

A national LGBT advocacy group found that Utah's recent legislation falls into the category of "building equality" — more progressive than legislation in 28 states and less so than in 12 states found to be "solidifying equality" or "working toward innovative equality."

The Human Rights Campaign's (HRC) second annual State Equality Index, conducted in partnership with the Equality Federation, saw Utah advance in 2015 to a higher tier after inclusion in HRC's lowest-rated group, "high priority to achieve basic equality."

Troy Williams, executive director of Equality Utah, said 2015 was a banner year for the state's lesbian, gay, bisexual and transgender rights.

In 2014, Williams was taken away from the Capitol in handcuffs after protesting to support a nondiscrimination measure.

In 2015, he stood with leaders from the Legislature and The Church of Jesus Christ of Latter-day Saints to celebrate the passage of SB296, which prevents housing and employment discrimination against the LGBT community while safeguarding some religious liberties.

"I walk up [to the Capitol] and I get hugs from Republican legislators now," Williams said. "... It's like, 'Wow. What a difference a year makes.' "

HRC judges states by five criteria: parenting laws and policies, nondiscrimination laws, hate-crime laws, youth-related laws and policies, and health and safety laws and policies.

Utah is credited for laws governing adoption, surrogacy, foster-parent training and parental presumption for same-sex couples, as well as the aforementioned nondiscrimination measures.

The state also wins positive marks for laws related to cyberbullying and suicide prevention in schools, and for allowing a gender-marker change on driver licenses.

Utah is docked for restricting inclusion of LGBT topics in schools, for sodomy laws and for penalty enhancements when a defendant has HIV/AIDS.

The report found that the state has passed 12 "good laws" since 2004, with five of those adopted in 2015. Seven "good bills" were introduced in last year's session, compared with five "bad bills," according to the report.

Sen. Jim Dabakis, D-Salt Lake City, who has been a prominent voice in the LGBT community and is the Legislature's only openly gay member, said Wednesday that he is "terrifically proud" of what happened during the 2015 session.

He hopes that Utah's 2016 session doesn't follow those efforts with "that creepy ideological step backward."

"I'm ever the optimist, but my sense is that the Legislature has determined that that box has been checked off, and that there isn't the same kind of focus and intensity this year as there was last year."

In what the HRC is sure to label a "bad bill," Rep. Kraig Powell, R-Heber City, hopes to re-establish a preference for couples in one-man-one-woman marriages when placing children for adoption and foster care.

But Williams said he has stronger footing to argue against such proposals after the U.S. Supreme Court's 2015 ruling that marriage is a right for same-sex couples.

"Now we have these protections," Williams said, "and it changes the game for us."

Utah Pride Center Executive Director Carol Gnade said it almost defies belief that LGBT activists accomplished so much in so little time, but that in truth the efforts began as long ago as 1974, with an informal gathering that would become the Utah Pride Festival.

"Who would have ever thought that Utah would be a leader in this area?" Gnade asked. "It's only because we have such an amazing LGBT community."

Legislation that might yet bolster Utah's standing in the 2017 version of the report includes SB107, which would stiffen penalties for hate crimes to include offenses targeting victims for their sexual orientation.

mpiper@sltrib.com