Much of what makes Salt Lake City an attractive and well-maintained
city, it owes to the labors of the Latter-Day Saints (LDS), also known
as Mormons, who settled there and developed the community under the
most difficult conditions beginning in 1847. Yet, throughout their history,
they have been troubled by controversies either among themselves or
with non-Mormons.
Regrettably, that still happens. Presently, the Church of Jesus Christ
of Latter-Day Saints is involved in a legal dispute over 660 feet of
church-owned land in front of its Temple, the city's most famous landmark.
The site in question, Main Street Plaza, is just one block of Main Street,
the city's busiest commercial thoroughfare, between North Temple Avenue
and South Temple Avenue. In 1999, the city and LDS leaders agreed that
the Plaza, while maintained by the Church, should nevertheless be open
to the public 24 hours a day, unlike the walled Temple Square which
is closed at night. A special warranty deed provided that "Nothing
in the reservation or use of this easement shall be deemed to create
or constitute a public forum, limited or otherwise, on the property."
The Church interpreted this easement as entitling it to forbid demonstrations,
solicitations, raucous noise, obscene language, roller- skating, and
other activities it considers inappropriate in front of the Temple.
Many of Salt Lake City's roughly 50 percent non-Mormons, however, saw
the demands of the Latter-Day Saints as violating the constitutional
protection of freedom of speech and assembly in a public place. Led
by the American Civil Liberties Union, a group of non-Mormons sued and
obtained a ruling from the 10th U.S. Court of Appeals that declared
the terms of the easement unconstitutional. It means the Church cannot
legally forbid whatever annoying and disrespectful scenes may occur
on Main Street Plaza. The plaintiffs argue that although government
can legally order limitations on the use of public places, such as prohibiting
protesting and picketing. Outright bans on free speech and assembly,
however, violate the Constitution. In numerous letters to the The Salt
Lake City Tribune, non-Mormons have been asking the LDS Church to be
more tolerant of expressions of free speech and assembly in front, and
at the gates, of the Temple grounds.
Beggars, for example, prefer to position themselves close to the gates
where Church members and visitors steadily walk in and out. While I
was watching the scene, two non-Mormon demonstrators handed me pamphlets,
one from an organization called New Testament Ministries, the other
entitled "Temple Square Visitor's Guide: Not LDS." Since the
Guide was highly critical of Mormon beliefs and mission activities,
many passersby refused to take it. When I accepted it, the man handing
it out loudly remarked: "Thank you, Sir. Your are a real Christian."
With several LDS missionaries nearby attending to visitors, it was obvious
that the gates and the Main Street Plaza are a battleground of Salt
Lake City's religious antagonists.
Having lost its plea on the federal appeals level, the Church could
now take its case before the U.S. Supreme Court. For the time being,
however, it is addressing its arguments in defense of its property rights
to the public at large, in a widely distributed media packet entitled
"Frequently Answered Questions." The critics promptly denounced
the pamphlet as "divisive."The region's leading newspaper,
The Salt Lake Tribune, has been trying to defuse the conflict. Already
a year ago, it bemoaned "The Unspoken Divide" between Mormons
and non-Mormons in the Salt Lake region. Last Sunday, the paper warned
the City's residents: "These public clashes can poison the well
of goodwill for years to come, in some cases for a lifetime. …
Rather than ratcheting up the rhetoric any further, let's all take a
time out and catch our breath."
That is easier said than done in a community whose residents routinely
categorize each other by their religious affiliation, Mormons or non-Mormons.