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Ogden • After almost a year's worth of deliberation, two recently passed ordinances — aimed at prohibiting job and housing discrimination based on gender identity or sexual orientation — returned Tuesday for the City Council's reconsideration.
Protections for the lesbian, gay, bisexual and transgender community passed the council in a 4-3 vote last week after being stripped of language that Ogden's mayor had strongly favored.
This week the statutes returned in revised form to insert wording that Mayor Matthew Godfrey and others believed would better serve the city as a whole.
The compromise had been crafted by Berean Baptist Pastor Dave Mallinak, attorney James Humphreys,who was working on behalf of the LGBT community, and Weber State University Affirmative Action/Equal Opportunity Director Barry Gomberg.
"There are two cherished values that come into conflict here," Gomberg said of the need to balance freedom with equality and fairness."We've attempted to balance these competing interests in a way that tries to maximize both and ends up in a win-win situation."
Godfrey had vowed to veto last week's ordinances. This week's 10:30 p.m. vote for both revamped ordinances was unanimous with the crowd erupting in cheers at the hard-fought compromise.
At issue had been a religious exemption designed to protect the free-speech rights of individuals whose beliefs compel them to speak out against homosexuality.
Godfrey also fought to include language that would exempt shared living space where individuals rent under separate contracts — namely, student apartments near Weber State University.
Under the revised ordinances Ogden City is exempted to avoid lawsuits, but Godfrey pledged to sign an administrative order that would enact the same protections but not invite costly litigation.
The ordinances set up a complaint and investigation process, which ends either in conciliation or a $500 penalty to the landlord or employer.
Ogden Mayor, Council divided
Under debate: whether a religious exemption should be included in new job and housing protections. Proposed wording:
• Expression of Religious and Other Beliefs: A person's actual or symbolic religious or other deeply held beliefs shall not be the sole basis for a finding of discrimination under this chapter. Expressions of religious or other deeply held beliefs are exempt from this chapter, provided they do not become so pervasive or severe as to alter the terms, conditions or privileges of employment. Religious or other deeply held beliefs may not, however, excuse conduct that otherwise violates this chapter. This chapter is intended to prohibit discriminatory conduct, not punish beliefs or the expression thereof.