LGBT activists look to block Utah lawmaker from becoming a judge

English: Variation of the United States (USA) flag, with LGBT (lesbian, gay, bisexual, transgender) pride colors. This version uses the standard US flag dimensons, an alternate version exists with a shorter width. (Photo credit: Wikipedia)

Gay-rights activists launched an effort Friday to block a state lawmaker who sought to pass anti-gay measures on marriage and adoption from becoming a judge.

Rep. Kraig Powell, R-Heber City, was nominated by Gov. Gary Herbert to fill a 4th District Court vacancy and is scheduled for a noon hearing Monday before the Senate Judicial Confirmation Committee at the Capitol.

An attorney, Powell is also the legislator who in January proposed measures to call same-sex unions "pairage" instead of marriage and to compel the state to favor heterosexual married couples over same-sex couples in adoptions.

The measures failed, but gay-rights activists point to both as evidence of discrimination against lesbian, gay, bisexual and transgender Utahns, making Powell unfit for the bench.

"Clearly Kraig Powell has a bias against same-sex marriage," Equality Utah Executive Director Troy Williams said. "And so, same-sex couples or LGBT families that might be standing before him in court are going to question whether he is ruling without prejudice."

Powell did not return a message Friday seeking comment.

Mike Mower, Herbert's deputy chief of staff, said Friday that Powell has "a unique perspective and appreciation of the distinct roles of each branch of government.

"The governor made this appointment," Mower said in an email, "because he believes Kraig will apply the law objectively, equally and with respect."

Equality Utah issued an "action call" to its supports urging them to contact members of the confirmation committee to express their concerns. Williams said he also plans to testify at Monday's hearing.

"We have to raise these issues," Williams said, adding that the state's judicial conduct code requires judges to carry out their duties without bias.

The relationship between the Utah Legislature and the LGBT community has seen some improvement in recent years. In 2015, lawmakers worked alongside LGBT leaders to pass a statewide nondiscrimination law in housing and employment matters, while offering religious liberty protections.

But lawmakers have repeatedly killed proposals that would bolster the state's hate-crimes laws and, like most Utah voters, have opposed same-sex marriage.

Williams said it's unclear how the election of Republican Donald Trump as the 45th U.S. president might reverse the progress of gay rights across the country or shift the attitudes of Utah lawmakers. Trump has no history of animosity toward the LGBT community, but his running mate, Mike Pence, opposed gay marriage and signed anti-equality legislation as governor of Indiana.

"We're entering new territory," Williams said. "But [the LGBT community] represents a large percentage of the Utah population, and I think it's important that we stand strong and continue to articulate our concerns to our elected officials."



If confirmed, Powell would replace the retiring Judge Claudia Laycock.