First, a question. When does the Constitutional requirement for separation of church and state mean essentially nothing?
One answer: When you live in a state where virtually all members of the state legislature are members of a single faith. Or, as in my case, when one lives in the semi-sovereign theocracy of Deseret, more formally known as the state of Utah.
What reminded me of this, more forcefully than usual, was an official pronouncement the other day by the LDS Church. The core of the declaration reads as follows:
“The Church is opposed to any legislation that will weaken Utah’s alcohol laws and regulations, including (1) privatization of the alcoholic beverage control system; (2) increases in alcohol license quotas; (3) permitting sales of heavy beer, wine and distilled spirits in grocery and convenience stores or allowing direct distribution of these products outside the state control system; and (4) any other proposals that would promote increased sales or consumption of alcoholic products in Utah.
“The Church also strongly supports maintaining the important distinctions between restaurants and bars. This includes retaining the current provisions that require the separation in restaurants of alcoholic beverage storage and dispensing functions from dining areas and patrons, the requirement of “intent to dine,” the 70%/30% food to alcohol ratio requirements for restaurants, and different hours of operations for restaurants and bars.”
This statement was issued exactly one week before the state legislature began its short annual session, and has actually generated a certain amount of controversy, even among members of the LDS faith. Very few people disagree with the idea that the state, or any state, should have some regulations governing the sale of alcoholic beverages, but the degree of regulation varies greatly from state to state. At one time in Utah, it was almost impossible to have a drink without a meal [and often not even then] unless one belonged to a “private club.” So many establishments created “clubs” that any adult could join. That requirement was eliminated a number of years ago, but a number of other seemingly senseless requirements remain on the books, including a population-based formula that makes it exceedingly difficult for restaurants to obtain liquor licenses and close to impossible for more than a comparative handful of bars/taverns to exist [to my knowledge there are only two in my home town, in an area of more than 50,000 people], a system that some claim begets hidden favoritism in awarding such licenses. There is also the “Zion curtain” requirement – that the space in which drinks are prepared must be shielded from the view of all diners. There’s also a requirement that a diner must show intent to purchase food before obtaining a drink, and that a server may not provide a second drink until the first is entirely consumed. In addition, the importation of any alcohol from anywhere outside the state is prohibited, and all alcoholic products [with the exception of beers with less than 3.2% alcohol, which can be sold at grocery and convenience stores, and wines sold at local vineyards/wineries] must be purchased through the state liquor control stores or system.
You have a favorite wine from Sonoma or Napa? Or anywhere outside of Utah? If it’s not carried by the state stores, you’re out of luck. No reputable vineyard or liquor outlet will knowingly ship alcohol to private citizens in Utah, Not only that, but several years ago, the state sent “observers” to watch Nevada liquor stores near the border, and those observers relayed the license plate numbers of Utah cars purchasing liquor… and those cars were stopped inside Utah, and their purchases confiscated.
Since I’m not a drinker and am, in fact, highly allergic to alcohol, all this doesn’t directly affect me, but my wife would like to occasionally sip certain wines, and it even takes me extra steps to send wine to my brother in Colorado – because the vineyard’s computers flag and question every order billed to a Utah address.
As a result of what many people feel are excessively stringent and unnecessarily burdensome regulations, there’s been a groundswell of popular pressure for additional reform of the state liquor laws. The result? A proclamation by the LDS Church, which contends that it merely wants to keep alcoholism low in the state. Except that the regulations most people want changed won’t affect alcoholism. Hard-core alcoholics aren’t going to order wines from out of state or order overpriced wines or cocktails at restaurants. But certain name restauranteurs have decided to stay out of Utah… and there’s only one Trader Joes in the entire state.
Even more important than all that, though, is the fact that a church is openly dictating what the state laws should be on alcohol… and marriage… and sexuality – based directly on religious beliefs — and the state legislature doesn’t even have second thoughts about following those pronouncements.