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SALT LAKE CITY — A historic anti-discrimination and religious rights compromise, and a monumental stalemate over Medicaid expansion will bring down the curtain late Thursday on the 2015 Utah Legislature.
Lawmakers also devoted a significant amount of new money to public education during their 45-day session, though not as much as Gov. Gary Herbert wanted in the state's $14.3 billion budget.
Despite a $739 million surplus in one-time and ongoing funds, lawmakers raised property tax for schools and are still considering increasing the state's gas tax to help fix crumbling roads and bridges.
Senate President Wayne Niederhauser, R-Sandy, described the session as a "huge success," noting lawmakers had a lot of big-ticket items and "addressed three-fourths of them."
House Speaker Greg Hughes, R-Draper, said this has been the session of "heavy lifts," especially actions taken to ensure anti-discrimination and religious rights, increase funding for schools and roads, and reduce prison recidivism.
But a deal on Healthy Utah, the governor's Medicaid expansion alternative, didn't materialize despite weeks of behind-the-scenes negotiations that resulted only in competing bills being passed in the House and Senate.
With hours left before the end of the session, Herbert announced he and legislative leaders had until July 31 to settle on a proposal to deal with the Medicaid expansion available under the Affordable Care Act.
The governor said lawmakers will then be brought back into a special session to consider providing coverage to low-income Utahns, including some 60,000 in a so-called coverage gap who don't qualify for federal subsidies without the expansion.
Lawmakers didn't find a Medicaid expansion but say something special happened with watershed legislation that affirms religious freedoms and extends protections for LGBT Utahns from discrimination in the workplace and housing.
Rep. Brad Dee, R-Ogden, House sponsor of SB296, said people have called it momentous, historic and a miracle.
"I just say it's Utah," he said.
We believe in fairness for all.
–Elder L. Tom Perry, Apostle for LDS Church
Several hundred people crowded around a table in the Capitol rotunda to watch Herbert and legislative leaders sign the bill into law. Elder L. Tom Perry, of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, joined a throng on the marble steps behind the governor.
"One question: How cool is this?" Sen. Steve Urquhart, R-St. George, asked the cheering crowd. His attempts to pass a statewide nondiscrimination law failed the past two years.
The bill adds sexual orientation and gender identity to the Utah's nondiscrimination laws in housing and employment and also clarifies exemptions for religious institutions and their affiliates and provides protections for religious expression.
"We believe in fairness for all," Elder Perry told reporters as he left the Capitol after the signing.
Though lawmakers said the bill, backed by LGBT advocates, business leaders and the LDS Church, isn't perfect, they praised the spirit of cooperation and respect that led to the compromise.
"We let this unite us instead of divide us," said Senate Majority Whip Stuart Adams, R-Layton, who along with Urquhart carried the bill.
The LDS Church issued a statement Thursday saying it's pleased the Legislature passed SB296.
"It reflects the very best of collaboration and statesmanship from groups and individuals who may not always agree on all things, but who have passed landmark legislation that balances religious freedom and anti-discrimination," said spokesman Eric Hawkins. "While other states may find a different solution, we hope this fair, balanced approach shows that fairness for all is possible."
A statewide nondiscrimination law that includes LGBT Utahns in housing and employment was at least seven years in the making. Some lawmakers also have fought for religious freedom legislation for several years.
Lawmakers also passed SB297, which requires county clerks or a "willing" designee to marry be available to marry same-sex couples or couples who qualify for a marriage license. The bill includes broad protections for religious beliefs, exercise and conscience. It also guards against retaliation for expressing religious views outside the workplace.
Sen. Jim Dabakis, D-Salt Lake City, the state's only openly gay legislator, said he's not crazy about everything in the bill, but says it walked a "wonderful" fine line.
"All of these rights and protections go across the board," he said. "They're protecting all of us."
Herbert is still reviewing that bill and has not said whether he would sign it.
A third bill on the issue, HB322, passed in the House but died in the Senate. The measure, which drew sharp criticism from the LGBT community, sought to reaffirm religious freedom spelled out in the Utah and U.S. constitutions.
Senate Majority Leader Ralph Okerlund, R-Monroe, said majority Republicans didn't want to do anything that would detract from the other two bills.
