LGBT rights in Utah

LGBT rights in Utah
Utah (US)
Same-sex sexual activity legal?	Legal since 2003 (Lawrence v. Texas)
Gender identity/expression	Gender identity statewide
Discrimination protections	Yes, both sexual orientation and gender identity statewide (employment and housing only, public accommodation not included)
Family rights
Recognition of relationships	Same-sex marriage legal since 2014
Adoption	Yes

Rights for Lesbian, gay, bisexual, and transgender (LGBT) people in Utah became increasingly enacted during 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal there since the state's ban on same-sex marriage was ruled unconstitutional by a federal court on October 6, 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing. In spite of this, there are still a few differences between treatment of LGBT people and the rest of the population.

Law regarding same-sex sexual activity

The Utah sodomy law (Utah Code Section 76-5-403) criminalized same-sex sexual activity 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.

The state sodomy law applied to heterosexuality and homosexuality as a Class B misdemeanor, and provided punishment of up to six months in jail and up to a $1,000 fine.

Openly gay Utah Sen. Scott McCoy, D-Salt Lake, sponsored the bill S.B. 169 "Sodomy Amendments" unsuccessfully in 2007. The bill would have amended the state sodomy law by repealing its unconstitutional parts. The bill failed without consideration. The law remains published in the Utah Code.

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.

Recognition of same-sex relationships

Marriage

See also: Same-sex marriage in Utah and Kitchen v. Herbert

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 Dec. 20, 2013 to Jan 6, 2014. In response to the 1993 Baehr v. Miike court case on same-sex marriage in Hawaii, Utah Rep. Norm L. Nielsen, R-Utah, sponsored the bill H.B. 366 "Recognition of Marriages" successfully in 1995. The law prohibits state recognition of same-sex marriages which are performed in other states and nations. It was the first such law in the United States.

Utah voters approved the ballot referendum Utah Constitutional Amendment 3 in 2004 that defines marriage as the legal union between a man and a woman and restricts unmarried domestic unions. The referendum was approved by a margin of 65.8 percent to 33.2 percent.

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. 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". 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. 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.

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 US Supreme Court refused the appeal from the state of Utah on October 6, 2014, requiring Utah to license and recognize same-sex marriages.

Adoption and parenting

Utah Rep. Nora B. Stephens, R-Davis, sponsored the bill H.B. 103 Third Substitute "Amendments to Child Welfare" successfully in 1998. The law requires state agencies to give adoption priority to married couples and to prohibit adoptions by cohabitating unmarried couples. Openly lesbian Utah Rep. Jackie Biskupski, D-Salt Lake, spoke against the bill.

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." A single person not co-habiting can adopt. 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."

On December 20, 2013, same-sex marriage became legal in Utah; thus legalizing same-sex adoption for same-sex couples. 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.

Utah capital Salt Lake City and its suburbs have 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.

Discrimination protection

Further information: LGBT employment discrimination in the United States

Map of Utah cities and counties that have 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 protected sexual orientation and gender identity in employment

On March 6, 2015, Utah Senate passed, in a 23-5 vote, statewide legislation to ban discrimination based on sexual orientation and gender identity in employment and housing (public accommodation not included) with exemptions for religious organisations and their affiliates such as schools and hospitals, as well as 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 Church of Jesus Christ of Latter-day Saints. It was approved by the state House on March 11, in a 65-10 vote. On March 12, 2015, Governor Gary Herbert signed the bill into law.

Prior to that, Utah Rep. Christine Johnson, D-Salt Lake, sponsored the bill H.B. 89 "Antidiscrimination Act Amendments" unsuccessfully in 2008. The bill would have prohibited employment discrimination based on sexual orientation or gender identity. She reintroduced the bill unsuccessfully in 2009 and 2010. She also sponsored the bill 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.

Utah Gov. Gary Herbert appointed openly gay Brian Doughty in 2011 to replace Utah Rep. Jackie Biskupski, D-Salt Lake, when she resigned from the Utah House of Representatives.

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 at the Utah Legislature to protect the equal rights of LGBT people in the state. The bills reflected the opinion of Church of Jesus Christ of Latter-day Saints 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. Church leaders declined to comment on the matter. The measures of the initiative failed, some in committee.

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 (population 1,029,655), Salt Lake City (population 186,440), West Valley City (population 129,480), Ogden (population 82,825), Taylorsville (population 57, 439), Logan (population 49,534), Murray (population 46,746), Summit County (population 29,736), Midvale (population 27,029), Grand County (population 8,485), Park City (population 7,731) and Moab (population 4,779).

University of Utah

University of Utah administrators adopted a policy in 1991 to prohibit employment discrimination including that based on sexual orientation 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.

Salt Lake City

Utah gay activist David Nelson wrote and lobbied unsuccessfully in 1986 for the adoption of a Salt Lake City Council bill to create a city human-rights commission and to prohibit discrimination—the first such proposal in Utah.

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.

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. 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.

Salt Lake County

Utah gay activist David Nelson wrote and lobbied successfully in 1992 for the adoption of a Salt Lake County Commission bill to prohibit discrimination including that based on sexual orientation—the first such laws in Utah, and lobbied successfully in 1995 against the repeal of the "marital status" and "sexual orientation" protections. 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."

Hate-crime laws

Utah House of Representatives Democratic Leader Rep. Frank R. Pignanelli, D-Salt Lake, sponsored the bill H.B. 111 "Hate Crimes Statistics Act" and the bill H.B. 112 "Hate Crimes Penalties -- Civil Rights Violation" successfully in 1992—the first such laws in the state. 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. Attempts were made unsuccessfully from 1992 to 1999 for the adoption of an amendment of the laws.

Bullying

Utah has enacted anti-bullying legislation several times since 2006, detailing prohibited behavior and increasing the reporting requirements for local school boards. LGBT rights advocates have campaigned for faster and more sensitive responses from school officials and highlighted the problem of gay teen suicide. 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. Some LGBT activists have objected that it might result in students may be 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.

Gender-identity protections

Utah Rep. Carl Wimmer, R-Salt Lake, sponsored the bill H.B. 225 "Driver License Amendments" unsuccessfully in 2009. The bill would have provided that "if a person requests to change the sex designation on a driver 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 a sex reassignment surgery."

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 in 2011. 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.

Student clubs

Provo High School students created a gay-straight alliance in 2005. Provo, Utah, is considered 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.

Public opinion

Support for legal recognition of same-sex relationships
When	Organizer	Same-sex marriage	Civil union	No legal recognition
November 2004	UCEP	21%	25%	54%
January 2009	UVC	20%	43%	37%
November 2010	UCEP	24%	41%	35%
February 2012	UCEP	28%	43%	29%

An opinion poll which was conducted in 2010 by Columbia University found that Utah ranks last among all states in support of same-sex marriage. With 22 percent of respondents who favored the idea, the rate of support increased 10 percent since 1994-1996.

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

A Salt Lake Tribune poll taken by SurveyUSA from January 10–13, 2014 found that Utah residents are now evenly split on whether same-sex couples in Utah should be allowed to get 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.

Other laws

The Purchase of Insurance Proceeds law introduced by Representative Pete Suazo and passed in 1994 allows terminally ill Utahns, including those with HIV/AIDS, to sell their life insurance before they died to pay for end-of-life care and other needs.

See also

• Homosexuality and The Church of Jesus Christ of Latter-day Saints
• Kitchen v. Herbert
• LGBT rights in the United States
• Politics of Utah
• Rights and responsibilities of marriages in the United States

References

• Gay and Lesbian Community Center of Utah records. Accession number (Accn) 1918. Salt Lake City: Special Collections and Archives, J. Willard Marriott Library, University of Utah. 2001.