From Wikipedia, the free encyclopedia

LGBT rights in Utah
Utah ( US)
Status Legal since 2003
( Lawrence v. Texas)
Legislative repeal in 2019
Gender identityTransgender people can change their legal gender without surgery. However healthcare is much harder to access due to legal restrictions than in other states
Discrimination protectionsSexual orientation and gender identity protections (employment and housing only, public accommodations not included; religious organizations, groups, and individuals exempt)
Family rights
Recognition of relationships Same-sex marriage since 2014
AdoptionSame-sex couples permitted to adopt

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBT people and the rest of the population, and the rights of transgender youth are restricted. [1] [2]

Opinion polling has shown an increase in support for LGBT rights in the state. A 2017 Public Religion Research Institute poll showed that 44% of Utah residents supported same-sex marriage, a significant increase from the early 2000s. A 2019 survey by the same pollster showed that 74% of Utahns supported anti-discrimination legislation protecting LGBT people. [3]

Law regarding same-sex sexual activity

Criminalization of same-sex sexual activity began since people of European descent first established a federally recognized government in the region. In 1851, the theocratic Utah Territorial Legislature of the newly formed Utah Territory passed the first law addressing same-sex sexual activity. Brigham Young acted as both the Territorial Governor and the president of the Church of Jesus Christ of Latter-day Saints (LDS Church) and oversaw the selection of legislators. [4] The law banned any "man or boy" from "sexual intercourse with any of the male creation" with penalties left to the courts' discretion. [5]: 1200  Only one year later, a new criminal code was passed. It made no mention to sodomy or common-law crimes, thus legalizing sodomy in Utah. The lack of such a law was noted in 1864, when a soldier, Frederick Jones, was arrested on the grounds of sodomy but later released as there was no law punishing it. Shortly after his release, Jones was murdered by the father of his sexual partner. In 1876, the Utah Territorial Legislature enacted a new criminal code, which this time contained provisions outlawing sodomy. Punishment was set at five years' imprisonment, and 10 years for attempted sodomy. The law applied to both heterosexual and homosexual conduct, as well as to private and consensual activity. In 1913, in the case of State v. Johnson, the Utah Supreme Court held that fellatio (oral sex) was not a criminal offense. Despite expressing its disgust toward the practice and the fact that Johnson was "a negro", the court ruled that fellatio could not be criminal without defined legislation. In response, the state passed a law in 1923 prohibiting "sodomy or any other detestable and abominable crime against nature" that was committed "with either the sexual organs or the mouth", with a penalty varying between three and twenty years' imprisonment. [6]

In 1969, the Utah State Legislature reduced the penalty for sodomy from a felony to a misdemeanor. It also removed the reference to "detestable and abominable crime against nature" and reduced the penalty for consensual acts to a maximum of six months in county jail, and/or a fine of up to $299. In 1973, a comprehensive revision of the law resulted in married couples being exempt from prosecution. The revision also established that an act of sodomy could be completed by "any touching". The sodomy statute would remain in force until 2003 when the U.S. Supreme Court invalidated all state sodomy laws with its landmark 6 to 3 opinion in Lawrence v. Texas. The opinion stated that private consensual sexual conduct is protected by the due process and equal protection rights that are guaranteed by the United States Constitution. [6]

In 1925, the Utah State Legislature passed a sterilization law, providing for the possible sterilization of state inmates afflicted with "habitual sexual criminal tendencies". The statute was upheld by the state Supreme Court in 1929 in the case of Davis v. Walton. By the end of 1948, 555 persons had been sterilized in Utah, all of them "insane or mentally retarded". The law was amended in 1975 to apply only to the "mentally redarded". [6]

Openly gay Utah Senator Scott McCoy (D- Salt Lake) unsuccessfully sponsored the bill S.B. 169 ("Sodomy Amendments") in 2007. The bill would have amended the state sodomy law by repealing its unconstitutional parts. The bill failed without consideration. [7]

After lobbying in 2011 by gay activist David Nelson, the Utah Department of Public Safety amended its administrative rule which restricted the issuance of the state concealed-firearm permit to individuals who were ever convicted of violating the state sodomy law. [8]

On January 29, 2019, the state House approved a bill to repeal unconstitutional provisions in regard to sodomy and adultery in a 74–0 vote with 1 abstention. It was approved by the Senate on February 22 in a 25–2 vote with 2 abstentions, and signed by Governor Gary Herbert on March 25, 2019. [9] [10]

Recognition of same-sex relationships

Same-sex marriage in Utah has been legal since October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. Same-sex marriage was also legal in Utah from December 20, 2013 to January 6, 2014.

In response to the 1993 Baehr v. Miike court case on same-sex marriage in Hawaii, Representative Norm L. Nielsen (R- Utah County) sponsored the bill H.B. 366 ("Recognition of Marriages") in 1995. The bill passed the State Legislature. It prohibited state recognition of same-sex marriages which were performed in other states and nations. It was the first such law in the United States. [11]

Utah voters approved a ballot referendum, Utah Constitutional Amendment 3, in 2004 that constitutionally defined marriage as the legal union between a man and a woman and restricted unmarried domestic unions. The referendum was approved by a margin of 65.8 percent to 33.2 percent. [12]

On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States District Court for the District of Utah seeking to declare Utah's prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. [13] The court heard arguments on December 4. The state argued that there was "nothing unusual" in enforcing policies that encourage "responsible procreation" and the "optimal mode of child-rearing". Plaintiffs' attorney contended that the policy is "based on prejudice and bias that is religiously grounded in this state". [14] On December 20, 2013, District Judge Robert J. Shelby found the same-sex marriage ban unconstitutional and ordered the state to cease enforcing the ban. [15] The U.S. Supreme Court stayed the order of the District Court on January 6, 2014 pending the appeal of its decision to the Tenth Circuit. [16] On June 25, 2014, the Tenth Circuit upheld the lower court ruling, a decision that sets a precedent for every state within the circuit. However, the Tenth Circuit stayed this ruling. The U.S. Supreme Court refused the appeal from the state on October 6, 2014, requiring Utah to license and recognize same-sex marriages.

Adoption and parenting

Individuals and couples need to be married or single to be foster parents within Utah. Cohabiting or common-law couples are legally banned from being foster parents. [17]

Representative Nora B. Stephens (R- Davis County) sponsored a bill, H.B. 103 ("Amendments to Child Welfare"), in 1998. It passed the State Legislature. The law requires state agencies to give adoption priority to married couples and to prohibit adoptions by cohabitating unmarried couples. Openly lesbian Representative Jackie Biskupski (D-Salt Lake) spoke against the bill. [18]

A single person can adopt in Utah, except that by Utah law "a person who is cohabiting in a relationship that is not a legally valid and binding marriage" cannot adopt. [19] Utah law states that "a child may be adopted by adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent." [19]

On December 20, 2013, same-sex marriage became legal in Utah; thus legalizing same-sex adoption for same-sex couples. [15] However, the U.S. Supreme court stayed the order. On October 6, 2014, the Supreme Court refused to hear the case, and the hold was lifted. In 2013, Utah's capital, Salt Lake City, and its suburbs had the highest rate — 26 percent — of same-sex couples sharing parenthood, according to an analysis of census data by the Williams Institute at the UCLA School of Law. [20]

Lesbian couples have access to in vitro fertilization. State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married. [21] Gestational surrogacy arrangements are valid and legal in Utah but only for married couples. [22] In August 2019, the Utah Supreme Court, basing its decision on the Equal Protection Clause of the U.S. Constitution, ruled unconstitutional a piece of state law barring same-sex couples from reaching a surrogacy agreement with a woman they wish to carry their child. The decision says in part that "same-sex couples must be afforded all of the benefits the state has linked to marriage." [23]

Discrimination protections

Map of Utah cities and counties that had sexual orientation and/or gender identity anti–employment discrimination ordinances before enactment of the statewide anti-discrimination law
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Did not protect sexual orientation and gender identity in employment

On March 6, 2015, the Utah State Senate passed Utah SB 296 in a 23–5 vote. The law bans discrimination based on sexual orientation and gender identity in employment and housing (public accommodation not included) with exemptions for religious organizations and their affiliates such as schools and hospitals, as well as the Boy Scouts. The bill also would protect employees from being fired for talking about religious or moral beliefs, as long as the speech was reasonable and not harassing or disruptive. The measure was backed by the LDS Church. [24] [25] [26] It was approved by the state House on March 11, in a 65–10 vote. [27] [28] On March 12, 2015, Governor Gary Herbert signed the bill into law. [29]

Prior to that, Representative Christine Johnson (D-Salt Lake) sponsored an anti-discrimination bill, H.B. 89 ("Antidiscrimination Act Amendments"), in 2008. The bill, however, failed to pass the State Legislature. It would have prohibited employment discrimination based on sexual orientation or gender identity. [30] She reintroduced the bill unsuccessfully in 2009 and 2010. She also sponsored H.B. 128 ("Antidiscrimination Study Related to Employment and Housing") in 2010. The bill would have required a study of employment and housing discrimination based on sexual orientation or gender identity. [31]

Governor Gary Herbert appointed openly gay Brian Doughty in 2011 to replace Utah Representative Jackie Biskupski (D-Salt Lake) when she resigned from the Utah House of Representatives. [32]

In March 2020, the Utah State Legislature passed a bill banning offensive number plates on vehicles on the basis of sexual orientation or gender identity, among other categories such as religion, sex or race. [33] [34]

Common Ground Initiative

In response to the adoption in 2008 of California's Proposition 8, Equality Utah leaders launched the group's Common Ground Initiative. The initiative included the introduction of five bills to the Utah Legislature to protect the equal rights of LGBT people in the state. The bills reflected the opinion of the LDS Church leaders who had said that they did not object to the legislation. Human Rights Campaign leaders delivered 27,000 letters to church leaders in support of the legislation. LDS Church leaders declined to comment on the matter. [35] [36] The measures of the initiative failed, some in committee. [37]

In response to the LDS Church statements, Equality Utah leaders lobbied successfully for the adoption of similar bills in 12 counties and cities in the state including: Salt Lake County, Salt Lake City, West Valley City, Ogden, Taylorsville, Logan, Murray, Summit County, Midvale, Grand County, Park City and Moab. [38]

University of Utah

University of Utah administrators adopted a policy in 1991 to prohibit employment discrimination including that based on sexual orientation. [39] Administrators extended the policy in 1996 to prohibit discrimination in faculty duties, in 1997 to prohibit discrimination in student rights and responsibilities, and in 2009 to prohibit discrimination in student admissions. [40]

Salt Lake City

Utah gay activist David Nelson wrote and lobbied unsuccessfully in 1986 for the adoption of a Salt Lake City Council ordinance to create a city human rights commission and to prohibit discrimination, the first such proposal in Utah. [41] [42] [43] [44]

Nelson lobbied successfully from 1986 to 1987 for the adoption of a Salt Lake City Police Department LGBT sensitivity training policy, the first such policy in Utah. [45]

Salt Lake City Council members adopted two bills in 2009 and 2010 which prohibit employment and housing discrimination (except by religious groups) based on sexual orientation or gender identity. [46] LDS Church leaders said before the adoption that they supported the bills and that they could be a model for the rest of the state. [47] [48]

Salt Lake County

Utah gay activist David Nelson lobbied successfully in 1992 for the adoption of a Salt Lake County Commission ordinance to prohibit discrimination including that based on sexual orientation, the first such laws in Utah, [49] [50] [51] [52] [53] [54] [55] and successfully campaigned in 1995 against the repeal of the "marital status" and "sexual orientation" protections. [56] [57] [58] Leaders of the county Gay and Lesbian Employee Association were critical of Nelson and others who opposed the repeal, and said that he "did not speak for GLEA" "or for any of its members." [59]

Bullying in educational settings

Utah has enacted anti-bullying legislation several times since 2006, detailing prohibited behavior and increasing the reporting requirements for local school boards. [60] [61] [62] LGBT rights advocates have campaigned for faster and more sensitive responses from school officials and highlighted the problem of gay teen suicide. [63] A law passed in 2013 requires school administrators to notify parents if their child is bullied. The new requirement arose as a direct response to the suicide of gay 14-year-old David Phan, whose family had never known he was the object of bullying. [64] Some LGBT activists have objected that it might result in students being outed to their families, which may not always be in the child's best interest. They have recommended that schools train teachers in the importance of family acceptance, establish guidelines for parental notification, and discuss what they will say with the student. [65]

In 2018, as a result of a lawsuit settlement brought upon the state, the Utah State Board of Education was charged with developing and implementing guidelines to address bullying, cyberbullying and abusive conduct in schools and train staff. [66] In August 2019, despite attempts from the Pacific Justice Institute, designated a hate group by the Southern Poverty Law Center, [67] a citizen watch group successfully lobbied for the preservation of the guidelines, known as Rule 277-613, including provisions relating to teacher training, references to gender and sexual orientation and reporting requirements for bullying.

Utah consumer privacy law

Effective from December 31, 2023 - Utah will implement "strong, clear and robust" consumer privacy legislation for both individuals and businesses. The legislation explicitly include "sexual orientation" within the list of protections. [68]

Hate crime law

A rainbow flag at the 2014 Salt Lake City Pride parade

In 1992, the Utah House of Representatives Democratic Leader, Representative Frank R. Pignanelli (D-Salt Lake), successfully sponsored the bills, H.B. 111 ("Hate Crimes Statistics Act") and H.B. 112 ("Hate Crimes Penalties — Civil Rights Violation"). The laws require the state Department of Public Safety to collect and publish statistics about hate crimes which are committed in the state, and provide for an enhanced penalty for the commission of a hate crime. Utah gay activist David Nelson helped write the bills. [69] [70] [71] [72] Attempts were made unsuccessfully from 1992 to 1999 for the adoption of an amendment to the laws. [73] [74]

On March 5, 2019, the state Senate approved a bill to criminalize hate crimes based on sexual orientation or gender identity, in an 18–11 vote. [75] [76] It was approved by the House with an amendment on March 12 in a 64–9 vote with 2 abstentions. The Senate concurred with the amendment the same day by 22 votes to 3. [77] [78] The bill was signed by the Governor on April 2, 2019. [79]

Transgender rights

In order for transgender people in Utah to change the gender marker on their birth certificates, they must submit to the Utah Office of Vital Records a certified court order changing their name and gender. Sex reassignment surgery is not required. Upon the receipt of the court order, "the amendment shall be registered with and become a part of the original certificate and a certified copy shall be issued to the applicant without additional cost". [80]

In 2009, Representative Carl Wimmer (R-Salt Lake) unsuccessfully sponsored a bill, H.B. 225 ("Driver License Amendments"), which would have provided that "if a person requests to change the sex designation on a driver's license or identification card, the Driver License Division shall issue a duplicate driver license or new identification card upon receiving: an application and fee for a duplicate driver license or identification card; and written verification from a licensed physician that the applicant has undergone and completed sex reassignment surgery." [81]

In 2011, Utah Driver License Division employees denied mistreatment of a transgender woman who was required to remove her makeup before she could be photographed for a new state identification card. A witness said that the employees appeared to be making fun of the transgender woman. The woman was invited to meet with the division director. [82] [83]

Besides male (M) and female (F), Utah identity documents are available with an " X" sex descriptor. An individual seeking such a marker must receive approval from a judge. [84]

In May 2021, the Utah Supreme Court voted 4-1 granting and approving sex and name changes on personal birth certificate to transgender individuals setting a legal precedent - due to ongoing delays and red tape for years within the lower courts of Utah. [85] [86] [87]

Transgender sports ban

In March 2022, a bill passed the Utah Legislature "at the final moment" banning transgender individuals from playing sports, athletics and Olympics. The Governor of Utah Spencer Cox has "vowed to veto the bill once it reaches his desk" due to constitutional issues and Utah's reputation. On March 22, Cox being the Governor of Utah formally used his powers that vetoed the bill officially. [88] [89] [90] [91] The Utah Legislature overrode the governor's veto. The ban took effect July 1, [92] but on August 19, a judge reversed the ban and said that transgender girls can be considered for girls' sports on a case-by-case basis in the 2022–2023 school year. [93] [94]

Transgender healthcare

In Utah, doctors cannot provide gender-affirming care to trans people under 18; while they may choose to provide such care to trans people under 25, the law gives any trans person under 25 the ability to retroactively "disaffirm" consent and sue the doctor for care that they had at the time consented to. [95] On January 26, 2023, the House passed the current version of the legislation, and the next morning, the Senate passed the same version in a 20–8 vote. On January 28, Governor Spencer Cox signed the bill. It took effect immediately. [96] [97] [98] Youth who were already receiving gender-affirming care when the law passed in January 2023 may continue to receive it, but other youth will not be permitted to begin until they are 18. [99]

This made Utah the first state to have an active ban on gender-affirming healthcare for trans youth. While Alabama [100] and Arkansas [101] had legislation to ban hormones and puberty blockers, Arizona [102] and Tennessee [103] had legislation about surgeries, and Texas [104] and Florida [105] were pursuing other avenues, none of those bans were being enforced at the time that Utah's ban took effect. [106] Two weeks after Governor Cox signed Utah's bill, Governor Noem of South Dakota signed a similar bill. [107]

A legal review by the legislature had found the bill potentially unconstitutional, due to its banning care strictly for transgender people. [108] [109] [110]

In March 2024, a U.S. Department of Justice investigation found that the Utah Department of Corrections had discriminated against an inmate by denying gender-affirming hormones. [111]

2024 bathroom bill

On January 30, Governor Spencer Cox signed a bathroom bill that the Utah Legislature passed earlier that month. The law requires people to go by their sex assigned at birth when they use bathrooms and locker rooms in government-owned buildings, including public schools. (It does "not effect private businesses or entities whatsoever".) Under the law, if a person is challenged, they can show their birth certificate, and if the sex on their birth certificate has been changed (as many states allow), the person must also show proof of gender-affirming surgery. [112] [113] [114]

Freedom of expression

The 2018 edition of Provo Pride

Student clubs

Provo High School students created a gay–straight alliance in 2005. Provo is considered to be one of the most conservative cities in the country. In response, some residents asked the Provo School District Board of Education to shut down the group. However, the board members concluded it would violate federal law to do so, and instead created a new policy requiring parental signatures to join any school clubs. [115] [116]

Students attending East High School in Salt Lake City School District attempted to create a gay-straight alliance (GSA) in 1998. The school did not permit them to do so. In order to not violate the Equal Access Act (EAA), the school banned all non-curricular student groups. This issue was taken to court as the East High Gay Straight Alliance v. Board of Education of Salt Lake City School District. After two years of litigation, the school district permitted the students at East High School to officially form their GSA. [117] [118]

No promo homo law repealed

On October 21, 2016, Equality Utah filed a lawsuit with the U.S. District Court for the District of Utah against the Utah State Board of Education to strike down a law forbidding the "promotion" of homosexuality in schools. [119] In March 2017, the Utah State Legislature passed legislation to remove the phrase "the advocacy of homosexuality" from the law. [120] [121] On March 20, 2017, Governor Gary Herbert signed the bill into law, and it went into effect on July 1, 2017. [122]

The repealed statute stated "[T]he materials adopted by a local school board . . . shall be based upon recommendations of the school district’s Curriculum Materials Review Committee that comply with state law and state board rules emphasizing abstinence before marriage and fidelity after marriage, and prohibiting instruction in the advocacy of homosexuality." [123]

Murray transgender book incident

In February 2021, several parents in Murray complained after an elementary school teacher read Call Me Max, a book featuring a young transgender boy, to the class following a request by one of the students. The school district subsequently cancelled a program aimed at introducing kids to more diverse characters and literature. [124]

History of LGBTQ-specific Utah publications

LGBTQ people and organizations in Utah have exercised LGBT freedom of expression rights through many LGBTQ-run, Utah publications since 1975. Contemporary ones include Salt Lake Metro (2004–2006), and QSaltLake (2006–present). [125] [126] [127]

Conversion therapy

In July 2019, the Utah Psychologists Licensing Board agreed to draft rules banning conversion therapy in the state, which were then sent to public consultation. [128]

On January 21, 2020, Governor Gary Herbert signed an executive order prohibiting conversion therapy on minors in Utah, which became the 19th state to do so. Previously, a bill to ban the pseudoscientific practice in the Utah State Senate resulted in extensive changes by conservative lawmakers to the point where even its sponsor, Craig Hall, had disowned it. [129] The ban does not apply to clergy, religious counselors, parents or grandparents as long as they are not acting as psychologists. In November 2019, Herbert said that the "stories of youth who have endured these so-called therapies are heart-rending" and that he's "grateful that we have found a way forward that will ban conversion therapy forever in our state". Every major American medical and mental health organization, including the American Medical Association and the American Academy of Child and Adolescent Psychiatry, have found no evidence to support conversion therapy and consider it a discredited medical practice. [130] [131] In February 2023, a bill formally passed both houses of the Utah Legislature to "codify" the ban on conversion therapy on LGBT minors into legislation. The Governor of Utah signed the bill into law. [132]

Public opinion

An opinion poll which was conducted in 2010 by Columbia University found that Utah ranked last among all states in support of same-sex marriage. With 22% of respondents who favored it, the rate of support had increased 10% since 1994-1996. [134]

An opinion poll conducted in 2011 by Public Policy Polling found that 27% of Utah voters believed same-sex marriage should be legal, while 66% believed it should be illegal and 7% were not sure. A separate question in the survey found that 60% of respondents supported legal recognition of same-sex couples, with 23% supporting same-sex marriage and 37% supporting civil unions, while 39% opposed all legal recognition and 1% were not sure. [135]

A poll for The Salt Lake Tribune conducted by SurveyUSA from January 10–13, 2014 found that Utah residents were evenly split on whether same-sex couples in Utah should be allowed to receive state-issued marriage licences — 48% for and 48% against. 4% were uncertain. Some 72% said same-sex couples should be allowed to form civil unions that provide the same legal rights as marriage. [136]

A 2017 Public Religion Research Institute poll found that 54% of Utah residents supported same-sex marriage, while 38% were opposed and 8% were unsure. In addition, 80% were in favor of anti-discrimination laws covering sexual orientation and gender identity. 15% were against. [3]

Public opinion for LGBT anti-discrimination laws in Utah
Poll source Date(s)
administered
Sample
size
Margin of
error
% support % opposition % no opinion
Public Religion Research Institute January 2-December 30, 2019 628 ? 74% 19% 7%
Public Religion Research Institute January 3-December 30, 2018 646 ? 77% 19% 4%
Public Religion Research Institute April 5-December 23, 2017 732 ? 80% 15% 5%
Public Religion Research Institute April 29, 2015-January 7, 2016 813 ? 82% 17% 1%

Summary of LGBT rights in Utah

Same-sex sexual activity legal Yes (Since 2003; codified in 2019)
Equal age of consent (18) Yes (Since 2003)
Anti-discrimination laws in all areas for both sexual orientation and gender identity Yes/ No (In employment and housing, not public accommodations; also consumer privacy for sexual orientation only since December 31, 2023)
Hate crime law includes both sexual orientation and gender identity Yes (Since 2019)
Same-sex marriages Yes/ No (Since 2014, but explicitly banned on the Navajo Nation since 2005)
Stepchild and joint adoption by same-sex couples Yes
Lesbian, gay and bisexual people allowed to serve openly in the military Yes (Since 2011)
Transgender people allowed to serve openly in the military Yes (Since 2021) [137]
Intersex people allowed to serve openly in the military X (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military) [138]
Right to change legal gender Yes (Requires court order)
Third gender option Yes (Requires court order)
Conversion therapy banned on minors Yes (Since 2020)
Access to IVF for lesbian couples Yes
Surrogacy arrangements legal for gay male couples Yes
MSMs allowed to donate blood Yes/ No (Since 2020; 3-month deferral period) [139]

See also

References

  1. ^ "Utah Senate Bill 16, 68th Leg., Reg. Sess. (Utah 2022)". utah.gov. Retrieved April 7, 2023.
  2. ^ "Utah Senate Bill 100, 68th Leg., Reg. Sess. (Utah 2022)". utah.gov. Retrieved April 7, 2023.
  3. ^ a b Consulting, Epicenter. "PRRI – American Values Atlas". ava.prri.org.
  4. ^ Oakes, Amy (October 3, 2012). Diversionary War: Domestic Unrest and International Conflict (1st ed.). Stanford University Press. p. 125. ISBN  978-0804782463.
  5. ^ Stewart, Chuck (December 16, 2014). Proud Heritage: People, Issues, and Documents of the LGBT Experience (3rd ed.). ABC-CLIO. ISBN  978-1610693981.
  6. ^ a b c The History of Sodomy Laws in the United States - Utah
  7. ^ "S.B. 169: Sodomy amendments -- McCoy, S." Utah Legislature. March 13, 2007. Retrieved September 7, 2011.
  8. ^ "Utah gun rule removes sodomy restriction". QSaltLake. Salt Lick Publishing LLC. January 17, 2011. pp. OL. Retrieved August 27, 2011.
  9. ^ House Bill 40
  10. ^ Utah House passes criminal code cleanup bill that would repeal laws against adultery, sodomy
  11. ^ Eskridge, William; Hunter, Nan (2004). Sexuality, gender, and the law. Foundation Press. p. 1090.
  12. ^ Walsh, Rebecca (November 5, 2004). "Shurtleff confident he can defend Amendment 3". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune Corp. Retrieved September 7, 2011.
  13. ^ Romboy, Dennis (March 26, 2013). "Utah among several states with marriage laws under legal challenge". Deseret News. Retrieved December 5, 2013.
  14. ^ "Judge hears arguments in case challenging Utah's gay marriage ban". Aljazeera America. December 4, 2013. Retrieved December 5, 2013.
  15. ^ a b "Judge strikes down Utah's same-sex marriage ban". Archived from the original on December 22, 2013. Retrieved June 29, 2014.
  16. ^ Healy, Jack (January 6, 2014). "Justices' Halt to Gay Marriage Leaves Utah Couples in Limbo". New York Times.
  17. ^ "Qualifications". August 17, 2023.
  18. ^ Harrie, Dan (February 24, 2000). "House approves bill banning adoption by gays, unmarried couples". The Salt Lake Tribune. Kearns-Tribune Corp. pp. A-8. Retrieved September 7, 2011.
  19. ^ a b "Utah Code Section 78B-6-117(3)". Le.utah.gov. Archived from the original on October 19, 2014. Retrieved June 29, 2014.
  20. ^ "Infographic: % of Same-sex Couples Raising Children in Top Metro Areas (MSAs)". The Williams Institute. The Williams Institute at the UCLA School of Law. July 26, 2013. Retrieved January 1, 2014.
  21. ^ "Utah's equality profile". Movement Advancement Project.
  22. ^ "What You Need to Know About Surrogacy in Utah". American Surrogacy.
  23. ^ Knox, Annie (August 2, 2019). "Utah high court throws out ban on valid surrogacy contracts for gay couples". DeseretNews.
  24. ^ Price, Michelle L. (March 6, 2015). "Utah Senate gives speedy approval to LGBT-inclusive anti-discrimination bill". LGBTQ Nation. Associated Press. Retrieved March 12, 2015.
  25. ^ "S.B. 296 Antidiscrimination and Religious Freedom Amendments". Utah State Legislature. Retrieved March 12, 2015.
  26. ^ Masunaga, Samantha (March 6, 2015). "LGBT anti-discrimination bill passes Utah state Senate". Los Angeles Times. Retrieved March 12, 2015.
  27. ^ Price, Michelle L. (March 11, 2015). "Utah House passes Mormon church-backed LGBT anti-discrimination bill". LGBTQ Nation. Associated Press. Retrieved March 12, 2015.
  28. ^ Goodstein, Laurie (March 11, 2015). "Utah Passes Antidiscrimination Bill Backed by Mormon Leaders". The New York Times. Retrieved March 12, 2015.
  29. ^ Catalfamo, Kelly; Price, Michelle L. (March 12, 2015). "Utah governor signs Mormon church backed LGBT anti-discrimination bill". LGBTQ Nation. Associated Press. Retrieved March 13, 2015.
  30. ^ Sanchez, Jennifer W. (January 25, 2008). "Lawmakers want to study gay rights measure". The Salt Lake Tribune. Kearns-Tribune LLC. Retrieved September 7, 2011.
  31. ^ Winters, Rosemary (February 1, 2010). "Some wonder why Utah lawmakers backed off on gay-rights bills". The Salt Lake Tribune. Kearns-Tribune LLC. Retrieved September 7, 2011.
  32. ^ "Doughty sworn in to fill Biskupski vacancy in Utah House of Representatives". The Salt Lake Tribune. Kearns-Tribune LLC. July 20, 2011. Retrieved September 7, 2011.
  33. ^ "Utah Senate Bill 97". LegiScan.
  34. ^ "Utah Government Considering Canceling DEPORTM Personalized License Plate". Reason. January 12, 2020.
  35. ^ Winters, Rosemary (December 23, 2008). "27,000 letters urge LDS leader to back rights of gay Utahns". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC.
  36. ^ Falk, Aaron (December 23, 2008). "Activists hand-deliver letters to LDS Church". Deseret News. Salt Lake City: Deseret News Publishing Co. Retrieved December 24, 2008.
  37. ^ "All 5 LGBT bills die in Utah". 365Gay.com. LogoOnline.com. February 18, 2009. Retrieved July 21, 2011.
  38. ^ "Nondiscrimination ordinances". EqualityUtah.org. Equality Utah. 2011. Archived from the original on September 12, 2011. Retrieved September 7, 2011.
  39. ^ "Policy 5-106: Equal opportunity and nondiscrimination employment". University of Utah Regulations. University of Utah. October 28, 1991. Retrieved September 7, 2011.
  40. ^ "Discrimination, diversity, & harassment in academic environment". Academic Policies. University of Utah. Retrieved September 7, 2011.
  41. ^ "Minutes of the regular/briefing session". Proceedings of the City Council of Salt Lake City, Utah. Salt Lake City Corp. July 8, 1986. Retrieved September 5, 2011.
  42. ^ Williams, Ben (November 1, 2005). "Lambda lore: This week in lambda history". QSaltLake. Salt Lake City: Salt Lick Publishing LLC. Archived from the original on September 28, 2011. Retrieved September 5, 2011.
  43. ^ "Agenda of the Committee of the Whole". Proceedings of the City Council of Salt Lake City, Utah. Salt Lake City Corp. November 6, 1986. Archived from the original on January 20, 2012. Retrieved September 5, 2011.
  44. ^ "Minutes of the Committee of the Whole". Proceedings of the City Council of Salt Lake City, Utah. Salt Lake City Corp. November 6, 1986. Retrieved September 5, 2011.
  45. ^ "Minutes of the Committee of the Whole". Proceedings of the City Council of Salt Lake City, Utah. Salt Lake City Corp. January 22, 1987. Archived from the original on January 18, 2012. Retrieved September 5, 2011.
  46. ^ "Landmark moment". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. November 12, 2009. Retrieved July 21, 2011.
  47. ^ Otterson, Michael (January 1, 2010). "Statement given to Salt Lake City Council on nondiscrimination ordinances". News Release. The Church of Jesus Christ of Latter-day Saints. Retrieved July 21, 2011.
  48. ^ Winters, Rosemary; Peggy Fletcher Stack (November 11, 2009). "LDS apostle: SLC gay-rights measures could work for state". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. Archived from the original on November 13, 2009. Retrieved July 21, 2011.
  49. ^ "S.L. County may outlaw anti-gay bias". Deseret News. Deseret News Publishing Co. September 29, 1992. pp. B-1. Retrieved September 5, 2011.
  50. ^ Swensen, Sherrie (September 30, 1992). Minute Book. Board of County Commissioners. Vol. 1992. Salt Lake City: Salt Lake County, Utah. pp. 1854–1858.
  51. ^ KTVX Television (September 30, 1992). [About Salt Lake County Commission adopting non-discrimination bills] (Television news report). United Television Inc.
  52. ^ Lindsley, Hank (October 1, 1992). "Salt Lake County affirms minority protection act similar to U. policy". The Daily Utah Chronicle. University of Utah Publications Council. p. 1.
  53. ^ Costanzo, Joe (October 1, 1992). "Fight over measure 'just beginning'". Deseret News. Deseret News Publishing Co. pp. B-1. Retrieved September 5, 2011.
  54. ^ Jorgensen, Chris (December 5, 1992). "Gays say new law still falls short". The Salt Lake Tribune. Kearns-Tribune Corp. pp. B-1. Retrieved September 5, 2011.
  55. ^ Grossman, Steve; Gov. Roy Romer (September 26, 1998). 1998 Lawrence O'Brien Awards: Recognizing Democratic Party achievement. Democratic National Committee. p. 22.
  56. ^ Baltezore, Jay (July 18, 1995). "S.L. County hiring plan angers gays". The Salt Lake Tribune. Kearns-Tribune Corp. pp. C-1. Retrieved September 5, 2011.
  57. ^ Adams, Brooke (July 18, 1995). "S.L. County may leave half of discrimination law as is". Deseret New. Deseret News Publishing Co. pp. B-1. Retrieved September 5, 2011.
  58. ^ Baltezore, Jay (July 20, 1995). "S.L. County reaches compromise on anti-discrimination policies". The Salt Lake Tribune. Kearns-Tribune Corp. pp. B-2.
  59. ^ Swensen, Sherrie (July 19, 1995). Minute Book. Board of County Commissioners. Vol. 1995. Salt Lake County, Utah. pp. 1178–1180.
  60. ^ "Schools must address bullying or lose federal money". Deseret News. Salt Lake City: Deseret News Publishing Co. July 28, 2006. Retrieved September 7, 2011.
  61. ^ "H.B. 325 Substitute: Bullying and hazing -- Moss, C." Utah Legislature: Bills 2008. Utah Legislature. April 8, 2008. Retrieved September 7, 2011.
  62. ^ "S.B. 304: Preventing bullying and hazing in elementary and secondary schools -- Okerlund, R." Utah Legislature: Bills 2011. Utah Legislature. March 23, 2011. Retrieved September 7, 2011.
  63. ^ Henetz, Patty (April 30, 2012). "Teen's suicide spurs community to face gay bullying in northern Utah". Salt Lake Tribune. Retrieved January 26, 2014.
  64. ^ Schencker, Lisa (February 21, 2013). "Parents tell powerful stories as Utah lawmakers consider teen bullying, suicide bills". Salt Lake Tribune. Retrieved January 26, 2014.
  65. ^ Whitehurst, Lindsay (October 28, 2013). "Utah advocates say anti-bullying law could 'out' LGBT kids". Salt Lake Tribune. Retrieved January 26, 2014.
  66. ^ "Utah Admin. Code 277-613-1". casetext.com.
  67. ^ "Pacific Justice Institute". Southern Poverty Law Center.
  68. ^ Utah Consumer Privacy Act: New legislation adds another wrinkle to the US legal landscape
  69. ^ Jorgensen, Chris (December 5, 1992). "Gays say new law still falls short". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune Corp.
  70. ^ Parker, Douglas (January 22, 1991). "Democratic leader wants state to keep track of hate crimes". Salt Lake Tribune. Kearns-Tribune Corp. pp. A-4. Retrieved September 5, 2011.
  71. ^ KTVX Television (January 29, 1992). [About Utah Legislature committee considering hate-crime bill] (Television news report). Salt Lake City: United Television Inc.
  72. ^ Pignanelli, Frank; LaVarr Webb (July 30, 2006). "Political pioneers, then and now, deserve thanks". Deseret Morning News. Salt Lake City: Deseret News Publishing Co. pp. G-1. Retrieved September 5, 2011.
  73. ^ Bernick Jr., Bob (May 22, 1994). "Pignanelli hopes to replace never-used hate-crimes law". Deseret News. Salt Lake City: Deseret News Publishing Co. pp. A-1. Retrieved September 5, 2011.
  74. ^ Harrie, Dan (May 10, 2001). "Texas action gives pause to Utah hate crimes effort". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. pp. A-1. Retrieved September 5, 2011.
  75. ^ Senate Bill 103
  76. ^ Hate crimes bill passes Utah Senate, now goes to House
  77. ^ Utah House votes to approve hate crimes legislation; Governor expected to sign
  78. ^ Utah Legislature gives final approval to hate crime legislation after it languished for years
  79. ^ Hate crime bill signing ceremony in Utah Capitol marked by emotion
  80. ^ Utah National Center for Transgender Equality
  81. ^ "H.B. 225: Driver license amendments -- Wimmer, C." Utah Legislature: Bills 2009. Utah Legislature. March 13, 2009. Retrieved September 8, 2011.
  82. ^ Winters, Rosemary (March 30, 2011). "Driver license incident sparks cry for transgender education". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. Retrieved September 8, 2011.
  83. ^ Winters, Rosemary (March 31, 2011). "Transgender woman meets with driver license director". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. Retrieved September 8, 2011.
  84. ^ Colorado and Utah Have Third Gender Option On Licenses, KUNC, November 9, 2018
  85. ^ "Utah Supreme Court rules transgender people can change name, gender on birth certificates". May 6, 2021.
  86. ^ "Utah Supreme Court rules on transgender rights and birth certificates". May 6, 2021.
  87. ^ "Utah Supreme Court rules in favor of transgender rights". May 6, 2021.
  88. ^ Medina, Eduardo (March 22, 2022). "Utah Governor Vetoes Transgender-Athlete Bill". The New York Times.
  89. ^ "Governor Cox promises veto on bill banning transgender children from school sports". March 5, 2022.
  90. ^ "BREAKING: Utah Poised to Become First State to Veto Anti-Trans Sports Ban in 2022; Human Rights Campaign Commends Gov Spencer Cox for Pledging to Veto Bill Approved on Last Night of Utah Legislative Session". March 5, 2022.
  91. ^ "Gov. Cox promises to veto transgender athlete bill when it reaches his desk". March 4, 2022.
  92. ^ "Utah Legislature overrides governor's veto of transgender sports ban bill". NBC News. March 26, 2022.
  93. ^ McCombs, Brady; Metz, Sam (August 19, 2022). "Utah Judge Reverses Law Banning Transgender Kids From Sports". HuffPost. Retrieved August 19, 2022.
  94. ^ "Judge blocks Utah's transgender sports ban for being discriminatory". August 22, 2022.
  95. ^ "Transgender Medical Treatments and Procedures Amendments". Senate Bill No. 16 of January 11, 2023. Utah State Legislature.
  96. ^ Schott, Bryan (January 27, 2023). "Ban on health care for transgender youth passed by Utah Legislature". Salt Lake Tribune.
  97. ^ "Utah bans gender-affirming care for trans youth". January 30, 2023.
  98. ^ "Utah governor signs bill banning gender-affirming hormone treatment and surgery for minors". CNN. January 29, 2023.
  99. ^ Rummler, Orion (February 3, 2023). "How Utah's new ban on gender-affirming care for minors is affecting trans teens in the state". PBS NewsHour. Retrieved February 5, 2023.
  100. ^ "Alabama ban on gender-affirming care for transgender youth takes effect". NBC News. May 9, 2022. Retrieved January 29, 2023.
  101. ^ "Attacks on Gender-Affirming and Transgender Health Care". ACP Online. Retrieved January 29, 2023.
  102. ^ Marashi, Soraya (April 15, 2022). "Arizona Gov. Doug Ducey signs bill banning gender-affirming surgery for transgender minors". State of Reform. Retrieved January 29, 2023.
  103. ^ "Tennessee governor OKs transgender youth treatment ban". NBC News. May 20, 2021. Retrieved January 29, 2023.
  104. ^ Klibanoff, Eleanor (September 16, 2022). "Texas' child welfare agency blocked from investigating many more parents of trans teens". The Texas Tribune. Retrieved January 29, 2023.
  105. ^ Varn, Kathryn. "'Why does this state hate me?' Florida bans gender-affirming care for some trans youth". Tallahassee Democrat. Retrieved January 29, 2023.
  106. ^ Reed, Erin. "Utah Care Ban For Trans Youth Takes Effect Immediately, Gov. Cox Signs". erininthemorn.substack.com. Retrieved January 29, 2023.
  107. ^ Sforza, Lauren (February 14, 2023). "Noem signs gender-affirming care ban for South Dakota youth". The Hill. Retrieved February 14, 2023.
  108. ^ Schott, Brian (January 26, 2023). "Blocking gender-affirming health care in Utah could be found unconstitutional, a legal review found". Salt Lake Tribune. Retrieved February 5, 2023.
  109. ^ McKellar, Katie (January 26, 2023). "Utah House votes to ban transgender surgeries and puberty blockers for kids".
  110. ^ "Transgender Medical Treatments and Procedures Amendments". Senate Bill No. 16 of January 11, 2023. Utah State Legislature.
  111. ^ Schoenbaum, Hannah (March 13, 2024). "Utah Prison Discriminated Against Transgender Woman, Department Of Justice Finds". HuffPost. Retrieved March 13, 2024.
  112. ^ "Utah Legislature Passes First Anti-LGBTQ+ Bathroom Ban of the Year". Human Rights Campaign. January 26, 2024. Retrieved February 1, 2024.
  113. ^ Russell, John (January 26, 2024). "Utah Senate revises bathroom bill that threatened to throw trans people in jail". LGBTQ Nation. Retrieved February 1, 2024.
  114. ^ "Utah joins 10 other states in regulating bathroom access for transgender people". NBC News. January 31, 2024. Retrieved February 1, 2024.
  115. ^ McFarland, Sheena (October 12, 2005). "Provo schools could allow gay-straight clubs". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. Retrieved September 8, 2011.
  116. ^ Winters, Rosemary (December 20, 2010). "Gay student clubs blossoming in Utah". The Salt Lake Tribune. Salt Lake City: Kearns-Tribune LLC. Retrieved September 8, 2011.
  117. ^ "ACLU of Utah - East High Gay/Straight Alliance v. Board of Education and East High School PRISM Club v. Cynthia L. Seidel (1999)". www.acluutah.org. Retrieved November 16, 2021.
  118. ^ Mayberry, Maralee (December 30, 2006). "The Story of a Salt Lake City Gay-Straight Alliance: Identity Work and LGBT Youth". Journal of Gay & Lesbian Issues in Education. 4 (1): 13–31. doi: 10.1300/j367v04n01_03. ISSN  1541-0889. S2CID  143510095.
  119. ^ "Case: Equality Utah v. Utah State Board of Education". Archived from the original on March 12, 2017. Retrieved March 30, 2017.
  120. ^ Utah Legislature strikes so-called 'no-promo homo' law
  121. ^ S.B. 196
  122. ^ Winslow, Ben (March 20, 2017). "Utah governor repeals law forbidding 'promotion' of homosexuality in schools". FOX 13. Salt Lake City.
  123. ^ #DontEraseUs: State Anti-LGBT Curriculum Laws
  124. ^ "Utah Parents Outraged After Teacher Reads Book About Trans Child". Star Observer. February 14, 2021.
  125. ^ Williams, Ben (April 28, 2005). "History of the Gay Press in Utah". Salt Lake Metro. Vol. 2, no. 9. p. 19 – via Issuu.
  126. ^ Williams, Ben (May 25, 2014). "The beginning of Utah's gay community". QSaltLake. Retrieved March 2, 2023.
  127. ^ "Utah Pride Center records, 1976-2001". Orbis Cascade Alliance. Retrieved March 2, 2023.
  128. ^ Williams, Carter (July 19, 2019). "Utah Psychologist Licensing Board approves first step in ending conversion therapy on minors". KSL.com.
  129. ^ "Utah Becomes Latest State To Ban Discredited LGBTQ 'Conversion Therapy'". NPR. January 22, 2020.
  130. ^ "Utah bans conversion therapy for LGBTQ children". CNN. January 22, 2020.
  131. ^ "Utah bans LGBTQ conversion therapy for children". Reuters. January 22, 2020.
  132. ^ "Utah Legislature codifies ban on conversion therapy while addressing therapists' concerns". February 17, 2023.
  133. ^ "New Poll Misrepresents Attitudes On Gay Marriage In Utah". ThinkProgress. July 10, 2012. Retrieved December 5, 2013.
  134. ^ Gelman, Andrew; Jeffrey Lax; Justin Phillips (August 21, 2010). "Over time, a gay marriage groundswell". The New York Times. New York. Retrieved January 11, 2011.
  135. ^ Jensen, Tom (July 21, 2011). "Utah opposes same-sex marriage, but not all recognition" (PDF). News Release. Public Policy Polling. Retrieved July 21, 2011.
  136. ^ Adams, Brooke (January 14, 2014). "Utah divided on same-sex marriage". Salt Lake Trinbune. Retrieved January 14, 2014.
  137. ^ Baldor, Lolita; Miller, Zeke (January 25, 2021). "Biden reverses Trump ban on transgender people in military". Associated Press.
  138. ^ "Medical Conditions That Can Keep You From Joining the Military". Military.com. May 10, 2021.
  139. ^ McNamara, Audrey (April 2, 2020). "FDA eases blood donation requirements for gay men amid "urgent" shortage". CBS News.

External links