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23 - Latter-Day Constitutionalism

Sexuality, Gender, and Mormons

from Part VI - Shaping the Legal Culture of the Family

Published online by Cambridge University Press:  11 May 2018

Robin Fretwell Wilson
Affiliation:
University of Illinois
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Summary

On March 12, 2015, Utah Governor Gary Herbert signed into law the Antidiscrimination and Religious Freedom Amendments to the state antidiscrimination code.  The 2015 Amendments add sexual orientation and gender identity to the list of personal traits that cannot be the basis for employment discrimination, but with allowances for employers to require reasonable dress standards and sex-specific facilities, and for employees to engage in some religious expression within the workplace. The 2015 Amendments also prohibit such discrimination in housing, but with exemptions as well. Why would one of the nation’s most politically conservative, religiously strict, business-friendly states add new antidiscrimination protections for LGBT persons?  The emerging conventional wisdom is that the Church of Jesus Christ of the Latter-day Saints is responding to the bad press it received from its sponsorship of California’s Proposition 8, which amended the state constitution to bar same-sex marriages.  The story, however, is a broader one, with deep implications for appreciating what has been at stake in the marriage equality debate and for understanding the evolution of American constitutional law.
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Publisher: Cambridge University Press
Print publication year: 2018

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