It may be only the second day of the 2019 Legislature, but it appears that Utah is on the verge of adopting a workable hate crimes bill — one that includes protections for the LGBTQ community.
Senate GOP leaders say they are working to get the bill, SB103, from Sen. Daniel Thatcher, R-West Valley City, passed this year, but it may not be exactly what Thatcher is proposing. Senate sources say they plan to bring the bill out for consideration, but they are planning a few “tweaks” when it reaches a committee to make it more acceptable.
“We’re trying to make some changes so it has a better chance of approval,” said one Senate leader who asked that their name not be used because of the sensitive nature of the bill. “We want to make it so that the ‘hate crimes’ part of the bill doesn’t feel like a sideshow.”
The bill will include protections for the state’s LGBTQ community, UtahPolicy.com is told.
“As long as he (Sen. Thatcher) is amenable to making changes, I don’t see any barriers to the bill passing,” they said.
Thatcher would not elaborate on what changes are being discussed but said he’s open to improvements, as long as they don’t make the legislation unenforceable.
“It’s a very delicate balancing act between not including enough groups and including so many groups that it’s unconstitutional,” said Thatcher.
He points to a hate crimes law in Georgia that did not specify groups that were protected under the law. That bill was found to be too vague to be constitutional.
Meanwhile, House Republican leaders say they have not made a decision on Thatcher’s bills, yet.
“We have not talked about it much” as a leadership team, said House Majority Whip Mike Schultz, R-Hooper.
“I don’t know how many (representatives) have even read the bills, what (Thatcher) wants to do,” he added.
However, after leaders of The Church of Jesus Christ of Latter-day Saints said several weeks ago that they are NOT opposed to changes in Utah’s weak hate crimes legislation, there has definitely been new energy on Capitol Hill in favor of doing something on hate crimes this session.
A week ago, at his monthly KUED Channel 7 news conference, GOP Gov. Gary Herbert spoke in support of the LGBTQ community, saying all should feel safe and welcomed in Utah.
He said it is right that the issue of hate crimes should be debated this session — something that has not happened for several years, after lawmakers voted down an attempt to increase the likelihood that a person attacking another, or another’s property, based on their race, gender, religion, ethnic origin or sexual preference, was defeated.
At the time, LDS Church leaders said there was no need to bring the issue up again.
And many Mormon lawmakers assumed that statement held in future years.
Not anymore. Former House Speaker Marty Stephens, now the official Church government affairs officer, told Fox 13 News before the session started this year that the LDS Church would not oppose the bill. That opens the way, some believe, for the bill to pass this session.
Thatcher’s bill has a companion resolution, SJR8, which sets courtroom rules for considering evidence when prosecutors use the victim targeting statute.
Thatcher has been fighting to bring his hate crimes bill up for a vote for the past two years but has been stymied as Senate leadership blocked the proposal from even being considered, keeping it bottled up in the Senate Rules Committee.
Thatcher says he’s thankful that the finish line on this issue appears to be within reach. But, if the bill falters, he’s determined to give it another go next year.
“The best way to get this issue to go away is to just pass the damn bill,” said Thatcher.
With the Senate GOP’s statement to UtahPolicy.com this week, it appears the bills will at least make it to House, and perhaps to Herbert’s desk.
