Talking Points

Fair Workplaces (HB 89)
Sponsor: Representative Johnson
HB 89 would add sexual orientation and gender identity to the list of characteristics that may not be considered in employment decisions. Religious organizations and small employers are exempt. Quotas are prohibited.

  • Employment Discrimination is a problem in Utah. Social scientists measure discrimination in four ways: surveys, official complaints, experiments, and wage comparisons. Regardless of the research method used, studies show that lesbian, gay, bisexual, and transgender Utahns are routinely discriminated against in the workplace.
  • People should be judged on what counts. Some characteristics, like education and experience, are important to employers deciding who to hire. The law has held that other characteristics, like race and religion, are irrelevant and should not be considered by an employer. Sexual orientation and gender identity are also irrelevant to whether a person is qualified for a job.
  • A fair workplace strengthens the economy. A strong economy depends on people making rational economic decisions. Discrimination uses labels and stereotypes instead of reason. Prohibiting discrimination based on sexual orientation and gender identity will encourage employers to evaluate employees reasonably, benefiting the employee, the employer, and Utah’s economy.
  • Prohibiting discrimination is moral. Judeo-Christian values call on people to treat others fairly in all their dealings. AAA is not about special rights, but about basic fairness.
  • HB 89 prohibits quotas. The Antidiscrimination Act amendments prohibit employers from providing preferential treatment or creating quotas based on sexual orientation and gender identity. Religious organizations are exempt, and can hire according to doctrinal beliefs.
  • Every day, Utahns face discrimination because of sexual orientation or gender identity. As a matter of justice, the legislature should ensure fairness in the workplace.

Adoption
Sponsor: Representative Rebecca Chavez-Houck
This bill removes the prohibition on unmarried couples as foster and adoptive parents and retains a preference for married couples over unmarried couples or single adults.

  • Married couples will still have priority to adopt. Utah values traditional families. And under Adoption Amendments, a married couple will take priority over other candidates in the adoption process. But any loving and supportive family is preferable to no family for children in crisis.
  • The marital restriction costs taxpayers. Children with two parents are less likely to end up on CHIP, food stamps, and welfare than those with only one parent. Current law prevents a parent from sharing rights and responsibilities with another cohabiting adult if they are not married. This creates families with a working adult and a child on welfare.
  • The marital restriction has harmed children in crisis. In 1999, the year before the marital restriction, DCFS placed 644 children with relatives. As of last year, relative placement had dropped by 31%. In that same time frame, the number of children in state custody and the length of time in custody have increased.
  • Parents should be able to choose who raises their children. A parent knows what is in their child’s best interests. Under current law, a single parent can designate someone for a second parent adoption, including a roommate or a romantic partner who lives somewhere else. But if the second adult lives with the parent in a committed relationship, the law says they are disqualified.
  • The best interests of the child should not be ignored. In October 2007, a court told Gregg and Mike Valdez that their four nieces and nephews would be taken away and placed in foster care because Gregg and Mike were not married. Even though the children were with relatives and were all together, the law prevented the court from considering what would benefit the children.
  • Adoption decisions should be made by parents and professionals, not politicians. All qualified parents should be able to adopt.