Ogden LGBT protections may be short lived

OGDEN — New city government protections against discrimination in housing and employment based on sexual orientation or gender identity may be short-lived.

Ogden Mayor Matthew Godfrey has vowed to veto a pair of ordinances approved by the City Council last week, saying the legislation as approved creates constitutional conflicts.

Godfrey wanted the ordinances to include a religious expression clause, as well as for the city to be exempt from the ordinances to avoid potentially costly legal challenges.

The City Council plans to reconsider the ordinances today in hopes of reaching a compromise or getting the five votes of support needed to withstand mayoral veto. Last week, the ordinances passed by a 4-3 vote.

Ogden became the 12th city to enact nondiscrimination ordinances, with Salt Lake City leading the way in November 2009. If Godfrey vetoes the action as promised, he would be the first mayor of those 12 cities to do so.

Language exempting religious expression deemed "absolutely non-negotiable" by Godfrey was removed by the City Council. The mayor felt the language sufficiently clarified that people would be allowed to express their religious views — but not use them as reasons to intimidate or harass — without facing a $500 fine from the city.

The right to associate with whomever we chose, Godfrey said, is set forth in the U.S. Constitution.

"Without this exemption, we put landlords in an impossible situation where the constitutional rights of the tenants cannot be upheld lawfully," the mayor said during last week's meeting.

The city's exemption from the ordinances was designed to prevent those who feel they've been discriminated against to sue the city, city attorney Gary Williams told the council.

If the exemption had been approved by the council, the mayor said he would execute a city administrative order that would prohibit the city from such discrimination but protect it from potential lawsuits and legal fees.

City leaders and members of the community have been working on the nondiscrimination ordinances since April 2010.

Godfrey and members of the City Council expressed their disappointment last week that despite the numerous hours spent on the issue, they've essentially reached a point where they don't have an ordinance — at least not for long.

"It was a colossal waste of all our time," the mayor said, "and it's lamentable."

Brandie Balken, executive director of Equality Utah, the state's largest civil rights organization for the lesbian, gay, bisexual and transgender community, said she's optimistic the council and mayor will still reach a compromise, allowing the protections for LGBT people to remain in place.

"I think there's certainly an opportunity for residents, the administration and the council to come to a place where the language (of the ordinances) is satisfactory to all," Balken said.

today's meeting is scheduled to begin at 6 p.m. in the City Council Chambers of the Ogden Municipal Building, 2529 Washington Blvd.

The public will be given time to address the council on the issue.

e-mail: jpage@desnews.com