LGBTQ rights in Utah

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.{{cite book|last1=Oakes|first1=Amy|title=Diversionary War: Domestic Unrest and International Conflict|date=3 October 2012|publisher=Stanford University Press|isbn=978-0804782463|page=125|edition=1st|url=https://books.google.com/books?id=JzEgDOvlw9AC&pg=PT125}} The law banned any "man or boy" from "sexual intercourse with any of the male creation" with penalties left to the courts' discretion.{{cite book|last1=Stewart|first1=Chuck|title=Proud Heritage: People, Issues, and Documents of the LGBT Experience|date=16 December 2014|publisher=ABC-CLIO|isbn=978-1610693981|edition=3rd|url=https://books.google.com/books?id=8r2aBQAAQBAJ&pg=PA1200}}{{rp|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.{{Cite web|url=http://www.glapn.org/sodomylaws/sensibilities/utah.htm|title=The History of Sodomy Laws in the United States - Utah|website=www.glapn.org}}

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.

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".

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.{{cite web|title=S.B. 169: Sodomy amendments -- McCoy, S.|publisher=Utah Legislature|date=March 13, 2007|url=http://le.utah.gov/~2007/htmdoc/sbillhtm/sb0169.htm|access-date=September 7, 2011}}

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.{{Cite news

|title=Utah gun rule removes sodomy restriction|newspaper=QSaltLake|pages=OL|publisher=Salt Lick Publishing LLC|date=January 17, 2011|url=http://www.qsaltlake.com/2011/01/17/5318|access-date=August 27, 2011}}

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.{{Cite web|url=https://legiscan.com/UT/bill/HB0040/2019|title=Utah HB0040 | 2019 | General Session|website=LegiScan}}{{Cite web|url=https://www.deseretnews.com/article/900052982/utah-house-passes-criminal-code-cleanup-bill-that-would-repeal-laws-against-adultery-sodomy.html|title=Utah House passes criminal code cleanup bill that would repeal laws against adultery, sodomy | Deseret News|date=January 30, 2019|archive-url=https://web.archive.org/web/20190130045029/https://www.deseretnews.com/article/900052982/utah-house-passes-criminal-code-cleanup-bill-that-would-repeal-laws-against-adultery-sodomy.html |archive-date=January 30, 2019 |last1=McKellar |first1=Katie |website=Deseret News }}

{{See also|Same-sex marriage in Utah|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 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.{{Cite book|title=Sexuality, gender, and the law|first1=William|last1=Eskridge|first2=Nan |last2=Hunter |publisher=Foundation Press|year=2004|page=1090}}

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.{{Cite news|last=Walsh|first=Rebecca |title=Shurtleff confident he can defend Amendment 3 |newspaper=The Salt Lake Tribune |location=Salt Lake City|publisher=Kearns-Tribune Corp.|date=November 5, 2004 |url=http://archive.sltrib.com/article.php?id=2436585&itype=NGPSID&keyword=constitution&sdate=2004-11-04&edate=2004-11-10&qtype=exact |access-date=September 7, 2011}}

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.{{cite news|last=Romboy|first=Dennis|url=http://www.deseretnews.com/article/865576781/Utah-among-several-states-with-marriage-laws-under-legal-challenge.html?pg=all|archive-url=https://web.archive.org/web/20130622090159/http://www.deseretnews.com/article/865576781/Utah-among-several-states-with-marriage-laws-under-legal-challenge.html?pg=all|url-status=dead|archive-date=June 22, 2013|title= Utah among several states with marriage laws under legal challenge|date=March 26, 2013|publisher=Deseret News|access-date=December 5, 2013}} 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".{{cite news|title=Judge hears arguments in case challenging Utah's gay marriage ban |url=http://america.aljazeera.com/articles/2013/12/4/judge-hears-argumentsinsamesexmarriageban.html|access-date=December 5, 2013|newspaper=Aljazeera America|date=December 4, 2013}} 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.{{cite news|url=https://www.washingtonpost.com/national/judge-strikes-down-utahs-same-sex-marriage-ban/2013/12/20/f032442e-69bc-11e3-997b-9213b17dac97_story.html |archive-url=https://web.archive.org/web/20131222123911/http://www.washingtonpost.com/national/judge-strikes-down-utahs-same-sex-marriage-ban/2013/12/20/f032442e-69bc-11e3-997b-9213b17dac97_story.html |url-status=dead |archive-date=2013-12-22 |title=Judge strikes down Utah's same-sex marriage ban |access-date=2014-06-29}} 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.{{Cite news|last=Healy |first=Jack|title=Justices' Halt to Gay Marriage Leaves Utah Couples in Limbo|newspaper=New York Times|date=January 6, 2014|url=https://www.nytimes.com/2014/01/07/us/justices-block-gay-marriage-in-utah-pending-appeal.html}} 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.

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.{{cite web | url=https://utahfostercare.org/become-a-foster-parent/qualifications/ | title=Qualifications | date=August 17, 2023 }}

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.{{Cite news |last=Harrie |first=Dan |title=House approves bill banning adoption by gays, unmarried couples |newspaper=The Salt Lake Tribune |pages=A-8 |publisher=Kearns-Tribune Corp. |date=February 24, 2000 |url=http://nl.newsbank.com/nl-search/we/Archives?p_product=SLTB&p_theme=sltb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=100ED3F7432C6B74&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM |access-date=September 7, 2011}}

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.{{cite web|url=http://le.utah.gov/~code/TITLE78B/htm/78B06_011700.htm |title=Utah Code Section 78B-6-117(3) |publisher=Le.utah.gov |access-date=2014-06-29 |url-status=dead |archive-url=https://web.archive.org/web/20141019202956/http://le.utah.gov/~code/TITLE78B/htm/78B06_011700.htm |archive-date=October 19, 2014 }} 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. 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.{{Cite news |title=Infographic: % of Same-sex Couples Raising Children in Top Metro Areas (MSAs) |newspaper=The Williams Institute |publisher=The Williams Institute at the UCLA School of Law |date=July 26, 2013 |url=http://williamsinstitute.law.ucla.edu/research/census-lgbt-demographics-studies/infographic-msas-may-2013/ |access-date=January 1, 2014}}

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.{{cite web|url=http://www.lgbtmap.org/equality_maps/profile_state/UT|title=Utah's equality profile|work=Movement Advancement Project}} Gestational surrogacy arrangements are valid and legal in Utah but only for married couples.{{cite web|url=https://www.americansurrogacy.com/surrogacy/utah-surrogacy-laws|title=What You Need to Know About Surrogacy in Utah|website=American Surrogacy}} 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."{{cite web|url=https://www.deseret.com/2019/8/2/20755888/utah-high-court-throws-out-ban-on-valid-surrogacy-contracts-for-gay-couples/|title=Utah high court throws out ban on valid surrogacy contracts for gay couples|work=DeseretNews|date=2 August 2019|last=Knox|first=Annie}}

{{Further|LGBT employment discrimination in the United States}}

[[File:Utah counties cities and villages with sexual orientation and gender identity protection.svg|thumb|right|300px|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

{{legend|#800080|Sexual orientation and gender identity with anti–employment discrimination ordinance}}

{{legend|#d0d0d0|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.{{Cite news |last=Price|first= Michelle L.|title=Utah Senate gives speedy approval to LGBT-inclusive anti-discrimination bill |agency=Associated Press|publisher=LGBTQ Nation |date= March 6, 2015|url=http://www.lgbtqnation.com/2015/03/utah-senate-gives-speedy-approval-to-lgbt-inclusive-anti-discrimination-bill/|access-date=March 12, 2015}}{{Cite web|title=S.B. 296 Antidiscrimination and Religious Freedom Amendments|publisher= Utah State Legislature|url=http://le.utah.gov/~2015/bills/static/SB0296.html|access-date=March 12, 2015}}{{Cite news |last=Masunaga|first=Samantha|title= LGBT anti-discrimination bill passes Utah state Senate|work=Los Angeles Times|date=March 6, 2015|url=http://www.latimes.com/nation/la-na-utah-lgbt-20150306-story.html |access-date=March 12, 2015}} It was approved by the state House on March 11, in a 65–10 vote.{{Cite news |last=Price|first=Michelle L.|title=Utah House passes Mormon church-backed LGBT anti-discrimination bill|agency=Associated Press |publisher=LGBTQ Nation |date=March 11, 2015 |url=http://www.lgbtqnation.com/2015/03/utah-house-passes-mormon-church-backed-lgbt-anti-discrimination-bill/|access-date=March 12, 2015}}{{Cite news |last=Goodstein|first=Laurie|title=Utah Passes Antidiscrimination Bill Backed by Mormon Leaders |work=The New York Times |date=March 11, 2015 |url=https://www.nytimes.com/2015/03/12/us/politics/utah-passes-antidiscrimination-bill-backed-by-mormon-leaders.html?_r=1 |access-date=March 12, 2015}} On March 12, 2015, Governor Gary Herbert signed the bill into law.{{Cite news |first1=Kelly|last1=Catalfamo|first2=Michelle L. |last2=Price|title=Utah governor signs Mormon church backed LGBT anti-discrimination bill|agency=Associated Press |publisher=LGBTQ Nation |date=March 12, 2015 |url=http://www.lgbtqnation.com/2015/03/utah-governor-signs-mormon-church-backed-lgbt-anti-discrimination-bill/|access-date=March 13, 2015}}

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.{{Cite news|last=Sanchez |first=Jennifer W. |title=Lawmakers want to study gay rights measure |newspaper=The Salt Lake Tribune |publisher=Kearns-Tribune LLC |date=January 25, 2008 |url=http://www.sltrib.com/ci_8078082|access-date=September 7, 2011}} 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.{{Cite news |last=Winters |first=Rosemary |title=Some wonder why Utah lawmakers backed off on gay-rights bills |newspaper=The Salt Lake Tribune |publisher=Kearns-Tribune LLC |date=February 1, 2010 |url=http://www.sltrib.com/news/ci_14313084 |access-date=September 7, 2011}}

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.{{Cite news |title=Doughty sworn in to fill Biskupski vacancy in Utah House of Representatives|newspaper=The Salt Lake Tribune|publisher=Kearns-Tribune LLC|date=July 20, 2011|url=http://www.sltrib.com/sltrib/politics/52228988-90/biskupski-doughty-utah-fill.html.csp|access-date=September 7, 2011}}

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.{{cite web|url=https://legiscan.com/UT/bill/SB0097/2020|title=Utah Senate Bill 97|website=LegiScan}}{{cite web|url=https://reason.com/2020/01/12/utah-government-considering-canceling-deportm-personalized-license-plate/|title=Utah Government Considering Canceling DEPORTM Personalized License Plate|website=Reason|date=January 12, 2020}}

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 LGBTQ 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.{{Cite news |last=Winters |first=Rosemary |title=27,000 letters urge LDS leader to back rights of gay Utahns |newspaper=The Salt Lake Tribune |location=Salt Lake City |publisher=Kearns-Tribune LLC |date=December 23, 2008 }}{{Cite news |last=Falk |first=Aaron |title=Activists hand-deliver letters to LDS Church |newspaper=Deseret News |location=Salt Lake City |publisher=Deseret News Publishing Co. |date=December 23, 2008 |url=http://deseretnews.com/article/1,5143,705272400,00.html |archive-url=https://web.archive.org/web/20081224062448/http://deseretnews.com/article/1,5143,705272400,00.html |url-status=dead |archive-date=December 24, 2008 |access-date=December 24, 2008}} The measures of the initiative failed, some in committee.{{cite web |title=All 5 LGBT bills die in Utah |work=365Gay.com |publisher=LogoOnline.com |date=February 18, 2009 |url=http://www.365gay.com/news/all-5-lgbt-bills-die-in-utah |access-date=July 21, 2011}}

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.{{cite web|title=Nondiscrimination ordinances |work=EqualityUtah.org |publisher=Equality Utah |year=2011 |url=http://www.equalityutah.org/nondiscrimination |access-date=September 7, 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110912005215/http://www.equalityutah.org/nondiscrimination |archive-date=September 12, 2011 }}

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

|title=Policy 5-106: Equal opportunity and nondiscrimination employment

|work=University of Utah Regulations

|publisher=University of Utah

|date=October 28, 1991

|url=http://www.regulations.utah.edu/humanResources/5-106.html

|access-date=September 7, 2011}} 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.{{cite web

|title=Discrimination, diversity, & harassment in academic environment

|work=Academic Policies

|publisher=University of Utah

|url=http://www.regulations.utah.edu/academics/guides/discrimination.html

|access-date=September 7, 2011}}

Two Utah college volleyball teams have forfeited scheduled matches with San José State University amid a controversy related to a transgender player.

Southern Utah University and Utah State University decided not to participate in upcoming games against the California school after current and former athletes from different states, including one from the San José State volleyball team, sued the National Collegiate Athletics Association over the participation of transgender women in sports, what they described as a violation of Title IX, the federal law that prohibits discrimination based on sex on educational programs.

Transgender students can participate in a sport-by-sport approach determined by the national governing body of the sport, according to NCAA guidelines. The athletes must also meet testosterone levels standards prior to competitions.{{cite web | url=https://utahnewsdispatch.com/2024/10/03/utah-colleges-forfeit-volleyball-matches-san-jose-state-university-transgender-athletes/ | title=Two Utah colleges forfeit volleyball matches amid lawsuit challenging transgender athletes • Utah News Dispatch | date=October 3, 2024 }}{{cite web | url=https://www.upr.org/utah-news/2024-10-03/usu-womens-volleyball-forfeits-match-against-san-jose-state-over-trans-player | title=USU women's volleyball forfeits match against San Jose State over trans player | date=October 3, 2024 }}{{cite web | url=https://www.deseret.com/politics/2024/10/02/utah-state-san-jose-state-university-transgender-womens-volleyball/ | title=USU women's volleyball joins list of forfeits to team with transgender athlete, gains support of Gov. Cox | date=October 3, 2024 }}

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.{{cite web

|title=Minutes of the regular/briefing session

|work=Proceedings of the City Council of Salt Lake City, Utah

|publisher=Salt Lake City Corp.

|date=July 8, 1986

|url=http://www.slcinfobase.com/FormalMinutes_1982-2010/default.htm?turl=WordDocuments%2Fjuly81986.htm

|access-date=September 5, 2011}}{{Cite news

|last = Williams

|first = Ben

|title = Lambda lore: This week in lambda history

|newspaper = QSaltLake

|location = Salt Lake City

|publisher = Salt Lick Publishing LLC

|date = November 1, 2005

|url = http://www.qsaltlake.com/2005/23/lambdalore.shtml

|access-date = September 5, 2011

|url-status = dead

|archive-url = https://web.archive.org/web/20110928171044/http://www.qsaltlake.com/2005/23/lambdalore.shtml

|archive-date = September 28, 2011

|df = mdy-all

}}{{cite web

|title=Agenda of the Committee of the Whole

|work=Proceedings of the City Council of Salt Lake City, Utah

|publisher=Salt Lake City Corp.

|date=November 6, 1986

|url=http://www.slcinfobase.com/COW%5FAgendas%5F1985%2D2010/WordDocuments/november61986.htm

|access-date=September 5, 2011

|archive-date=January 20, 2012

|archive-url=https://web.archive.org/web/20120120023504/http://www.slcinfobase.com/COW%5FAgendas%5F1985%2D2010/WordDocuments/november61986.htm

|url-status=dead

}}{{cite web

|title=Minutes of the Committee of the Whole

|work=Proceedings of the City Council of Salt Lake City, Utah

|publisher=Salt Lake City Corp.

|date=November 6, 1986

|url=http://www.slcinfobase.com/COW_Minutes_1984-2010/default.htm?turl=WordDocuments%2Fnovember61986.htm

|access-date=September 5, 2011}}

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.{{cite web

|title=Minutes of the Committee of the Whole

|work=Proceedings of the City Council of Salt Lake City, Utah

|publisher=Salt Lake City Corp.

|date=January 22, 1987

|url=http://www.slcinfobase.com/COW_Minutes_1984-2010/default.htm?turl=WordDocuments%2Fjanuary221987.htm

|access-date=September 5, 2011

|archive-date=January 18, 2012

|archive-url=https://web.archive.org/web/20120118230445/http://www.slcinfobase.com/COW_Minutes_1984-2010/default.htm?turl=WordDocuments%2Fjanuary221987.htm

|url-status=dead

}}

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.{{Cite news |title=Landmark moment

|newspaper=The Salt Lake Tribune

|location=Salt Lake City

|publisher=Kearns-Tribune LLC

|date=November 12, 2009

|url=http://www.sltrib.com/opinion/ci_13770813

|access-date=July 21, 2011}} 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.{{cite web

|last=Otterson

|first=Michael

|title=Statement given to Salt Lake City Council on nondiscrimination ordinances

|work=News Release

|publisher=The Church of Jesus Christ of Latter-day Saints

|date=January 1, 2010

|url=https://newsroom.churchofjesuschrist.org/ldsnewsroom/eng/news-releases-stories/statement-given-to-salt-lake-city-council-on-nondiscrimination-ordinances |access-date=July 21, 2011}}{{Cite news

|last=Winters

|first=Rosemary

|author2=Peggy Fletcher Stack

|title=LDS apostle: SLC gay-rights measures could work for state

|newspaper=The Salt Lake Tribune

|location=Salt Lake City

|publisher=Kearns-Tribune LLC

|date=November 11, 2009

|url=http://www.sltrib.com/news/ci_13766464

|access-date=July 21, 2011

|archive-url=https://web.archive.org/web/20091113111159/http://www.sltrib.com/news/ci_13766464

|archive-date=November 13, 2009

|url-status=dead

}}

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,{{Cite news |title=S.L. County may outlaw anti-gay bias|newspaper=Deseret News|pages=B-1|publisher=Deseret News Publishing Co.|date=September 29, 1992|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=NewsLibrary&p_multi=DSNB&d_place=DSNB&p_theme=newslibrary2&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0F3605E5E761AEAE&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|access-date=September 5, 2011}}{{Cite book|last=Swensen|first=Sherrie|title=Minute Book|publisher=Salt Lake County, Utah|series=Board of County Commissioners|volume=1992|date=September 30, 1992|location=Salt Lake City|pages=1854–1858

|url=http://archives.slco.org/html/commission.html}}{{Cite video|people=KTVX Television|title=[About Salt Lake County Commission adopting non-discrimination bills]|medium=Television news report|publisher=United Television Inc.|date=September 30, 1992}}{{Cite news|last=Lindsley|first=Hank|title=Salt Lake County affirms minority protection act similar to U. policy|newspaper=The Daily Utah Chronicle|page=1|publisher=University of Utah Publications Council|date=October 1, 1992}}{{Cite news|last=Costanzo|first=Joe|title=Fight over measure 'just beginning'|newspaper=Deseret News|pages=B-1

|publisher=Deseret News Publishing Co.|date=October 1, 1992|url=https://news.google.com/newspapers?id=7R0PAAAAIBAJ&pg=6296,207459&dq=fight-over-measure-just-beginning&hl=en

|access-date=September 5, 2011}}{{Cite news|last=Jorgensen|first=Chris|title=Gays say new law still falls short|newspaper=The Salt Lake Tribune|pages=B-1|publisher=Kearns-Tribune Corp.|date=December 5, 1992|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=SLTB&p_theme=sltb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=10113C6C3282AC14&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|access-date=September 5, 2011}}{{Cite conference |first=Steve |last=Grossman

|author2=Gov. Roy Romer|book-title=1998 Lawrence O'Brien Awards: Recognizing Democratic Party achievement|pages=22|publisher=Democratic National Committee|date=September 26, 1998}} and successfully campaigned in 1995 against the repeal of the "marital status" and "sexual orientation" protections.{{Cite news|last=Baltezore|first=Jay|title=S.L. County hiring plan angers gays|newspaper=The Salt Lake Tribune|pages=C-1|publisher=Kearns-Tribune Corp.|date=July 18, 1995|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=SLTB&p_theme=sltb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=102D3B1D7022BB91&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|access-date=September 5, 2011}}{{Cite news|last=Adams|first=Brooke|title=S.L. County may leave half of discrimination law as is|newspaper=Deseret New|pages=B-1|publisher=Deseret News Publishing Co.|date=July 18, 1995|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=NewsLibrary&p_multi=DSNB&d_place=DSNB&p_theme=newslibrary2&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0F360D86A9950CDF&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|access-date=September 5, 2011}}{{Cite news|last=Baltezore|first=Jay|title=S.L. County reaches compromise on anti-discrimination policies|newspaper=The Salt Lake Tribune|pages=B-2|publisher=Kearns-Tribune Corp.|date=July 20, 1995}} 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."{{Cite book|last=Swensen|first=Sherrie|title=Minute Book|publisher=Salt Lake County, Utah|series=Board of County Commissioners|volume=1995|date=July 19, 1995|pages=1178–1180|url=http://archives.slco.org/html/commission.html}}

Utah has enacted anti-bullying legislation several times since 2006, detailing prohibited behavior and increasing the reporting requirements for local school boards.{{Cite news |title=Schools must address bullying or lose federal money |newspaper=Deseret News |location=Salt Lake City |publisher=Deseret News Publishing Co. |date=July 28, 2006 |url=http://nl.newsbank.com/nl-search/we/Archives?p_product=NewsLibrary&p_multi=DSNB&d_place=DSNB&p_theme=newslibrary2&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=113291E7D5153B68&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM |access-date=September 7, 2011}}{{cite web |title=H.B. 325 Substitute: Bullying and hazing -- Moss, C. |work=Utah Legislature: Bills 2008 |publisher=Utah Legislature |date=April 8, 2008 |url=http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0325S01.htm |access-date=September 7, 2011}}{{cite web |title=S.B. 304: Preventing bullying and hazing in elementary and secondary schools -- Okerlund, R. |work=Utah Legislature: Bills 2011 |publisher=Utah Legislature |date=March 23, 2011 |url=http://le.utah.gov/~2011/htmdoc/sbillhtm/SB0304.htm |access-date=September 7, 2011}} LGBT rights advocates have campaigned for faster and more sensitive responses from school officials and highlighted the problem of gay teen suicide.{{cite news|last=Henetz|first=Patty|title=Teen's suicide spurs community to face gay bullying in northern Utah|url=http://www.sltrib.com/sltrib/news/54018293-78/bullying-gay-reese-edmonds.html.csp|access-date=January 26, 2014|newspaper=Salt Lake Tribune|date=April 30, 2012}} 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.{{cite news|last=Schencker|first=Lisa|title=Parents tell powerful stories as Utah lawmakers consider teen bullying, suicide bills|url=http://archive.sltrib.com/article.php?id=25577775&itype=storyID|access-date=January 26, 2014|newspaper=Salt Lake Tribune|date=February 21, 2013}} 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.{{cite news|last=Whitehurst|first=Lindsay|title=Utah advocates say anti-bullying law could 'out' LGBT kids|url=http://www.sltrib.com/sltrib/news/56969776-78/parents-bullying-law-utah.html.csp|access-date=January 26, 2014|newspaper=Salt Lake Tribune|date=October 28, 2013}}

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.{{cite web|url=https://casetext.com/regulation/utah-administrative-code/education/title-r277-administration/rule-r277-613-lea-disruptive-student-behavior-bullying-cyber-bullying-hazing-retaliation-and-abusive-conduct-policies-and-training/section-r277-613-1-authority-and-purpose|title=Utah Admin. Code 277-613-1|website=casetext.com}} In August 2019, despite attempts from the Pacific Justice Institute, designated a hate group by the Southern Poverty Law Center,{{cite web|url=https://www.splcenter.org/fighting-hate/extremist-files/group/pacific-justice-institute|title=Pacific Justice Institute|website=Southern Poverty Law Center}} 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.

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.{{Cite web|url=https://portswigger.net/daily-swig/utah-consumer-privacy-act-new-legislation-adds-another-wrinkle-to-the-us-legal-landscape|title=Utah Consumer Privacy Act: New legislation adds another wrinkle to the US legal landscape|work=The Daily Swig | Cybersecurity news and views |date=April 19, 2022}}

File:Rainbow flag at Utah Pride.JPG

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.{{Cite news

|last=Jorgensen |first=Chris |title=Gays say new law still falls short |newspaper=The Salt Lake Tribune |location=Salt Lake City |publisher=Kearns-Tribune Corp. |date=December 5, 1992 }}{{Cite news |last=Parker |first=Douglas |title=Democratic leader wants state to keep track of hate crimes |newspaper=Salt Lake Tribune|pages=A-4 |publisher=Kearns-Tribune Corp. |date=January 22, 1991

|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=SLTB&p_theme=sltb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=10117799C7A1213B&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM

|access-date=September 5, 2011}}{{Cite video |people=KTVX Television |title=[About Utah Legislature committee considering hate-crime bill] |medium=Television news report

|publisher=United Television Inc. |location=Salt Lake City |date=January 29, 1992}}{{Cite news |last=Pignanelli |first=Frank |author2=LaVarr Webb |title=Political pioneers, then and now, deserve thanks |newspaper=Deseret Morning News |location=Salt Lake City |pages=G-1 |publisher=Deseret News Publishing Co. |date=July 30, 2006 |url=http://www.deseretnews.com/article/640198117/Political-pioneers-then-and-now-deserve-thank.html

|archive-url=https://archive.today/20130121115501/http://www.deseretnews.com/article/640198117/Political-pioneers-then-and-now-deserve-thank.html

|url-status=dead

|archive-date=January 21, 2013

|access-date=September 5, 2011}} Attempts were made unsuccessfully from 1992 to 1999 for the adoption of an amendment to the laws.{{Cite news |last=Bernick Jr. |first=Bob|title=Pignanelli hopes to replace never-used hate-crimes law |newspaper=Deseret News|location=Salt Lake City |pages=A-1 |publisher=Deseret News Publishing Co. |date=May 22, 1994 |url=http://nl.newsbank.com/nl-search/we/Archives?p_product=NewsLibrary&p_multi=DSNB&d_place=DSNB&p_theme=newslibrary2&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0F360A5713909EF3&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM

|access-date=September 5, 2011}}{{Cite news |last=Harrie |first=Dan |title=Texas action gives pause to Utah hate crimes effort |newspaper=The Salt Lake Tribune |location=Salt Lake City |pages=A-1 |publisher=Kearns-Tribune LLC |date=May 10, 2001 |url=http://nl.newsbank.com/nl-search/we/Archives?p_product=SLTB&p_theme=sltb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=10118B478BDFC835&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM |access-date=September 5, 2011}}

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.{{Cite web|url=https://legiscan.com/UT/bill/SB0103/2019|title=Utah SB0103 | 2019 | General Session|website=LegiScan}}{{Cite web|url=https://www.deseretnews.com/article/900058757/utah-hate-crimes-bill-passes-senate-now-goes-to-house.html|title=Hate crimes bill passes Utah Senate, now goes to House | Deseret News|date=March 6, 2019|archive-url=https://web.archive.org/web/20190306003402/https://www.deseretnews.com/article/900058757/utah-hate-crimes-bill-passes-senate-now-goes-to-house.html |archive-date=March 6, 2019 |last1=Roche |first1=Lisa Riley |website=Deseret News }} 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.{{Cite web|url=https://www.deseret.com/2019/3/12/20668154/utah-house-votes-to-approve-hate-crimes-legislation-governor-expected-to-sign/|title=Utah House votes to approve hate crimes legislation; Governor expected to sign|date=March 13, 2019|website=Deseret News}}{{Cite web|url=https://www.deseret.com/2019/3/13/20668365/utah-legislature-gives-final-approval-to-hate-crime-legislation-after-it-languished-for-years/|title=Utah Legislature gives final approval to hate crime legislation after it languished for years|date=March 13, 2019|website=Deseret News}} The bill was signed by the Governor on April 2, 2019.{{Cite web|url=https://www.deseretnews.com/article/900063571/utah-gov-gary-herbert-signs-hate-crime-bill.html|archive-url=https://archive.today/20190811004926/https://www.deseretnews.com/article/900063571/utah-gov-gary-herbert-signs-hate-crime-bill.html|url-status=dead|archive-date=2019-08-11|title=Hate crime bill signing ceremony in Utah Capitol marked by emotion | …|date=August 11, 2019}}

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".[http://www.transequality.org/documents/state/utah Utah] National Center for Transgender Equality

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."{{cite web

|title=H.B. 225: Driver license amendments -- Wimmer, C.

|work=Utah Legislature: Bills 2009

|publisher=Utah Legislature

|date=March 13, 2009

|url=http://le.utah.gov/~2009/htmdoc/hbillhtm/hb0225.htm

|access-date=September 8, 2011}}

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.{{Cite news

|last=Winters

|first=Rosemary

|title=Driver license incident sparks cry for transgender education

|newspaper=The Salt Lake Tribune

|location=Salt Lake City

|publisher=Kearns-Tribune LLC

|date=March 30, 2011

|url=http://www.sltrib.com/sltrib/blogslgbt/51532997-61/transgender-center-utah-anderton.html.csp

|access-date=September 8, 2011}}{{Cite news

|last=Winters

|first=Rosemary

|title=Transgender woman meets with driver license director

|newspaper=The Salt Lake Tribune

|location=Salt Lake City

|publisher=Kearns-Tribune LLC

|date=March 31, 2011

|url=http://www.sltrib.com/sltrib/blogslgbt/51542380-61/audette-transgender-rolfe-woman.html.csp

|access-date=September 8, 2011}}

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.[http://www.kunc.org/post/colorado-and-utah-have-third-gender-option-licenses#stream/0 Colorado and Utah Have Third Gender Option On Licenses], KUNC, November 9, 2018

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.{{Cite web|url=https://kutv.com/news/local/utah-supreme-court-rules-transgender-people-can-change-name-gender-on-birth-certificates|title = Utah Supreme Court rules transgender people can change name, gender on birth certificates|date = May 6, 2021}}{{Cite web|url=https://www.fox13now.com/news/local-news/utah-supreme-court-rules-on-transgender-rights-and-birth-certificates|title = Utah Supreme Court rules on transgender rights and birth certificates|date = May 6, 2021}}{{Cite web|url=https://www.lgbtqnation.com/2021/05/utah-supreme-court-rules-favor-transgender-rights/|title = Utah Supreme Court rules in favor of transgender rights| date=May 6, 2021 }}

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.{{Cite news | url=https://www.nytimes.com/2022/03/22/us/utah-governor-transgender-athlete-ban.html | title=Utah Governor Vetoes Transgender-Athlete Bill | newspaper=The New York Times | date=March 22, 2022 | last1=Medina | first1=Eduardo }}{{Cite web | url=https://www.fox13now.com/news/politics/cox-says-hell-veto-bill-banning-transgender-children-from-sports-if-passed | title=Governor Cox promises veto on bill banning transgender children from school sports | date=March 5, 2022 }}{{Cite web | url=https://www.hrc.org/press-releases/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 | title=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 | date=March 5, 2022 }}{{Cite web | url=https://kutv.com/news/local/in-last-minute-move-utah-lawmakers-move-to-ban-transgender-athletes-from-school-sports | title=Gov. Cox promises to veto transgender athlete bill when it reaches his desk | date=March 4, 2022 }} The Utah Legislature overrode the governor's veto. The ban took effect July 1,{{Cite web | url=https://www.nbcnews.com/politics/politics-news/utah-legislature-overrides-governors-veto-transgender-sports-ban-bill-rcna21459 | title=Utah Legislature overrides governor's veto of transgender sports ban bill | website=NBC News | date=March 26, 2022 }} 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.{{Cite web |last1=McCombs |first1=Brady |last2=Metz |first2=Sam |date=2022-08-19 |title=Utah Judge Reverses Law Banning Transgender Kids From Sports |url=https://www.huffpost.com/entry/utah-transgender-sports-ban_n_62ffd4a8e4b0f7df9bb04a05 |access-date=2022-08-19 |website=HuffPost |language=en}}{{cite web | url=https://www.lgbtqnation.com/2022/08/judge-blocks-utahs-transgender-sports-ban-discriminatory/ | title=Judge blocks Utah's transgender sports ban for being discriminatory | date=August 22, 2022 }}

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.{{Cite act |url=https://legiscan.com/UT/text/SB0016/id/2619414 |index=SB0016 |act-type=Bill |jurisdiction=Utah |date=February 1, 2023 |title=Transgender Medical Treatments and Procedures Amendments}}{{Cite web |last=Hiltzik |first=Michael |date=2023-01-30 |title=A Republican governor vetoed a harsh anti-trans bill out of 'compassion' — then signed a worse one |url=https://www.latimes.com/business/story/2023-01-30/utah-gov-cox-vetoed-a-harsh-anti-trans-bill-last-year-out-of-compassion-he-just-signed-a-worse-one |access-date=2024-05-27 |website=Los Angeles Times |language=en-US}} 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.{{Cite news |last=Schott |first=Bryan |date=January 27, 2023 |title=Ban on health care for transgender youth passed by Utah Legislature |work=Salt Lake Tribune |url=https://www.sltrib.com/news/politics/2023/01/27/health-care-transgender-youth/}}{{cite web | url=https://www.lgbtqnation.com/2023/01/utah-bans-gender-affirming-care-for-trans-youth/ | title=Utah bans gender-affirming care for trans youth | date=January 30, 2023 }}{{cite web | url=https://www.cnn.com/2023/01/29/us/utah-governor-minors-transgender-care-ban/index.html | title=Utah governor signs bill banning gender-affirming hormone treatment and surgery for minors | website=CNN | date=January 29, 2023 }} 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.{{Cite web |last=Rummler |first=Orion |date=2023-02-03 |title=How Utah's new ban on gender-affirming care for minors is affecting trans teens in the state |url=https://www.pbs.org/newshour/nation/how-utahs-new-ban-on-gender-affirming-care-for-minors-is-affecting-trans-teens-in-the-state |access-date=2023-02-05 |website=PBS NewsHour |language=en-us}}

This made Utah the first state to have an active ban on gender-affirming healthcare for trans youth. While Alabama{{Cite web |title=Alabama ban on gender-affirming care for transgender youth takes effect |url=https://www.nbcnews.com/nbc-out/out-politics-and-policy/alabama-ban-gender-affirming-care-transgender-youth-takes-effect-rcna27913 |access-date=2023-01-29 |website=NBC News |date=May 9, 2022 |language=en}} and Arkansas{{Cite web |title=Attacks on Gender-Affirming and Transgender Health Care |url=https://www.acponline.org/advocacy/state-health-policy/attacks-on-gender-affirming-and-transgender-health-care |access-date=2023-01-29 |website=ACP Online |language=en}} had legislation to ban hormones and puberty blockers, Arizona{{Cite web |last=Marashi |first=Soraya |date=2022-04-15 |title=Arizona Gov. Doug Ducey signs bill banning gender-affirming surgery for transgender minors |url=https://stateofreform.com/featured/2022/04/arizona-gender-affirming-surgery-ban/ |access-date=2023-01-29 |website=State of Reform |language=en}} and Tennessee{{Cite web |title=Tennessee governor OKs transgender youth treatment ban |url=https://www.nbcnews.com/nbc-out/out-politics-and-policy/tennessee-governor-oks-transgender-youth-treatment-ban-rcna985 |access-date=2023-01-29 |website=NBC News |date=May 20, 2021 |language=en}} had legislation about surgeries, and Texas{{Cite web |last=Klibanoff |first=Eleanor |date=2022-09-16 |title=Texas' child welfare agency blocked from investigating many more parents of trans teens |url=https://www.texastribune.org/2022/09/16/texas-trans-teens-investigation-child-abuse/ |access-date=2023-01-29 |website=The Texas Tribune |language=en}} and Florida{{Cite web |last=Varn |first=Kathryn |title='Why does this state hate me?' Florida bans gender-affirming care for some trans youth |url=https://www.tallahassee.com/story/news/2022/11/15/florida-bans-gender-affirming-care-trans-youth/8317367001/ |access-date=2023-01-29 |website=Tallahassee Democrat |language=en-US}} were pursuing other avenues, none of those bans were being enforced at the time that Utah's ban took effect.{{Cite web |last=Reed |first=Erin |title=Utah Care Ban For Trans Youth Takes Effect Immediately, Gov. Cox Signs |url=https://erininthemorn.substack.com/p/utah-care-ban-for-trans-youth-takes |access-date=2023-01-29 |website=erininthemorn.substack.com |language=en}} Two weeks after Governor Cox signed Utah's bill, Governor Noem of South Dakota signed a similar bill.{{Cite web |last=Sforza |first=Lauren |date=2023-02-14 |title=Noem signs gender-affirming care ban for South Dakota youth |url=https://thehill.com/homenews/state-watch/3856646-noem-signs-gender-affirming-care-ban-for-south-dakota-youth/ |access-date=2023-02-14 |website=The Hill |language=en-US}}

A legal review by the legislature had found the bill potentially unconstitutional, due to its banning care strictly for transgender people.{{Cite web |last1=Schott |first1=Brian |date=26 January 2023 |title=Blocking gender-affirming health care in Utah could be found unconstitutional, a legal review found |url=https://www.sltrib.com/news/politics/2023/01/26/breaking-bill-blocking-gender/ |access-date=5 February 2023 |website=Salt Lake Tribune}}{{Cite web |url=https://www.deseret.com/utah/2023/1/26/23572997/transgender-surgery-ban-for-kids-cross-sex-hormones-puberty-blockers |title=Utah House votes to ban transgender surgeries and puberty blockers for kids |last1=McKellar |first1=Katie|date=January 26, 2023 }}

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.{{Cite web |last=Schoenbaum |first=Hannah |date=2024-03-13 |title=Utah Prison Discriminated Against Transgender Woman, Department Of Justice Finds |url=https://www.huffpost.com/entry/utah-prison-discriminated-against-transgender-woman_n_65f20b26e4b07b5c55cba1c2 |access-date=2024-03-13 |website=HuffPost |language=en}}

In May 2025, a two year systematic review commissioned as part of the aforementioned ban on youth healthcare concluded that "The consensus of the evidence supports that the treatments are effective in terms of mental health, psychosocial outcomes, and the induction of body changes consistent with the affirmed gender in pediatric [gender dysphoria] patients. The evidence also supports that the treatments are safe in terms of changes to bone density, cardiovascular risk factors, metabolic changes, and cancer". The review's findings were thereafter dismissed by the Utah state legislature, who kept the ban in place.{{Cite web |last=Pauly |first=Madison |title=Utah study on trans youth care extremely inconvenient for politicians who ordered it |url=https://www.motherjones.com/politics/2025/05/utah-transgender-youth-affirming-care-ban/ |access-date=2025-05-28 |website=Mother Jones |language=en-US}}{{Cite web |title=Utah lawmakers’ own study found gender-affirming care benefits trans youth. Will they lift the treatment ban? |url=https://www.sltrib.com/news/politics/2025/05/22/utah-lawmakers-own-study-found/ |access-date=2025-05-28 |website=The Salt Lake Tribune |language=en-US}}

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 affect 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.{{Cite web |date=2024-01-26 |title=Utah Legislature Passes First Anti-LGBTQ+ Bathroom Ban of the Year |url=https://www.hrc.org/press-releases/utah-legislature-passes-first-anti-lgbtq-bathroom-ban-of-the-year |access-date=2024-02-01 |website=Human Rights Campaign |language=en-US}}{{Cite web |last=Russell |first=John |date=2024-01-26 |title=Utah Senate revises bathroom bill that threatened to throw trans people in jail |url=https://www.lgbtqnation.com/2024/01/utah-senate-revises-bathroom-bill-that-threatened-to-throw-trans-people-in-jail/ |access-date=2024-02-01 |website=LGBTQ Nation}}{{Cite web |date=2024-01-31 |title=Utah joins 10 other states in regulating bathroom access for transgender people |url=https://www.nbcnews.com/nbc-out/out-politics-and-policy/utah-joins-10-states-regulating-bathroom-access-transgender-people-rcna136521 |access-date=2024-02-01 |website=NBC News |language=en}} In May 2024, Utah provided a way for officials and individuals to file formal complaints about people they suspect of being in the incorrect bathroom within schools and other government buildings.{{Cite web |last=Lazine |first=Mira |date=2024-05-03 |title=Utah now has a "snitch form" for reporting trans people using the bathroom |url=https://www.lgbtqnation.com/2024/05/utah-now-has-a-snitch-form-for-reporting-trans-people-using-the-bathroom/ |access-date=2024-06-04 |website=LGBTQ Nation}}{{Cite web |last=Kerwick |first=Josh |date=2024-05-03 |title=Utah Creates 'Snitch Line' For Trans People In Bathrooms |url=https://www.starobserver.com.au/news/utah-trans-snitch-line/230473 |access-date=2024-06-04 |website=Star Observer |language=en-US}}

In 2024, after a transgender woman was assigned to the girls' dorm at Utah State University, a mother made a viral social media post complaining that her daughter had to share a suite with the trans woman in question. In response, the State of Utah passed a bill banning transgender students from dorms aligning with their gender identity.{{Cite web |title=Utah trans students banned from dorms that align with their gender identity, after Gov. Cox signs bill |url=https://www.sltrib.com/news/education/2025/02/14/utah-gov-spencer-cox-signs-bill/ |access-date=2025-03-28 |website=The Salt Lake Tribune |language=en-US}}{{Cite web |date=2025-02-10 |title=Housing restrictions for transgender college students approved by Utah Legislature |url=https://apnews.com/article/utah-transgender-housing-college-dorms-c38620cea3bf50588ee978f47be9ba4c |access-date=2025-03-28 |website=AP News |language=en}}

File:Provo Pride (30016424258).jpg Pride]]

In March 2025, a new Utah law implemented an explicit ban on any LGBTQ pride flags within the grounds of all public schools and government buildings.https://www.advocate.com/politics/utah-bans-pride-flags-public-buildingshttps://www.lgbtqnation.com/2025/03/utah-bans-pride-flags-after-cowardly-governor-avoids-veto/

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.{{Cite news

|last=McFarland

|first=Sheena

|title=Provo schools could allow gay-straight clubs

|newspaper=The Salt Lake Tribune

|location=Salt Lake City

|publisher=Kearns-Tribune LLC

|date=October 12, 2005

|url=http://www.sltrib.com/utah/ci_3107871

|access-date=September 8, 2011}}{{Cite news

|last=Winters

|first=Rosemary

|title=Gay student clubs blossoming in Utah

|newspaper=The Salt Lake Tribune

|location=Salt Lake City

|publisher=Kearns-Tribune LLC

|date=December 20, 2010

|url=http://www.sltrib.com/csp/cms/sites/sltrib/pages/printerfriendly.csp?id=50845394

|access-date=September 8, 2011}}

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.{{Cite web|title=ACLU of Utah - East High Gay/Straight Alliance v. Board of Education and East High School PRISM Club v. Cynthia L. Seidel (1999)|url=https://www.acluutah.org/legal-work/resolved-cases/item/206-east-high-gay-straight-alliance-v-board-of-education-and-east-high-school-prism-club-v-cynthia-l-seidel|access-date=2021-11-16|website=www.acluutah.org|language=en-gb}}{{Cite journal|last=Mayberry|first=Maralee|date=2006-12-30|title=The Story of a Salt Lake City Gay-Straight Alliance: Identity Work and LGBT Youth|url=http://dx.doi.org/10.1300/j367v04n01_03|journal=Journal of Gay & Lesbian Issues in Education|volume=4|issue=1|pages=13–31|doi=10.1300/j367v04n01_03|s2cid=143510095|issn=1541-0889|url-access=subscription}}

{{see also|No promo homo laws}}

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.{{Cite web |url=http://www.nclrights.org/cases-and-policy/cases-and-advocacy/case-equality-utah-v-utah-state-board-of-education/ |title=Case: Equality Utah v. Utah State Board of Education |access-date=March 30, 2017 |archive-date=March 12, 2017 |archive-url=https://web.archive.org/web/20170312042056/http://www.nclrights.org/cases-and-policy/cases-and-advocacy/case-equality-utah-v-utah-state-board-of-education/ |url-status=dead }} In March 2017, the Utah State Legislature passed legislation to remove the phrase "the advocacy of homosexuality" from the law.{{Cite web |last1= |first1= |last2= |first2= |date=8 March 2017 |title=Utah Legislature strikes so-called 'no-promo homo' law |url=https://archive.sltrib.com/article.php?id=5031887&itype=CMSID |website=The Salt Lake Tribune}}{{Cite web|url=https://le.utah.gov/~2017/bills/static/SB0196.html|title=SB0196|website=le.utah.gov}} On March 20, 2017, Governor Gary Herbert signed the bill into law, and it went into effect on July 1, 2017.{{cite news|url=http://fox13now.com/2017/03/20/utah-governor-repeals-law-forbidding-promotion-of-homosexuality-in-schools/|title=Utah governor repeals law forbidding 'promotion' of homosexuality in schools|last=Winslow|first=Ben|date=20 March 2017|location=Salt Lake City|newspaper=FOX 13}}

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."{{Cite web|url=https://legacy.lambdalegal.org/know-your-rights|title=Know Your Rights|website=Lambda Legal Legacy}}

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.{{cite web|url=https://www.starobserver.com.au/news/utah-parents-outraged-after-teacher-reads-book-about-trans-child/200704|title=Utah Parents Outraged After Teacher Reads Book About Trans Child|work=Star Observer|date=14 February 2021}}

{{main|List of LGBT periodicals in Utah}}

{{see also|List of LGBT periodicals}}

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).{{cite magazine |last1=Williams |first1=Ben |title=History of the Gay Press in Utah |url=https://issuu.com/qsaltlake/docs/metro2_09 |magazine=Salt Lake Metro |volume=2 |issue=9 |page=19 |date=April 28, 2005|via=Issuu}}{{cite magazine |last1=Williams |first1=Ben |title=The beginning of Utah's gay community |url=https://www.qsaltlake.com/news/2014/05/25/beginning-utahs-community/ |magazine=QSaltLake |date=May 25, 2014|access-date=March 2, 2023}}{{cite web |title=Utah Pride Center records, 1976-2001 |url=https://archiveswest.orbiscascade.org/ark:80444/xv19549 |publisher=Orbis Cascade Alliance |access-date=March 2, 2023}}

{{see also|List of U.S. jurisdictions banning 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.{{cite web|url=https://www.ksl.com/article/46597845/utah-psychologist-licensing-board-approves-first-step-in-ending-conversion-therapy-on-minors|title=Utah Psychologist Licensing Board approves first step in ending conversion therapy on minors|work=KSL.com|date=19 July 2019|last=Williams|first=Carter}}

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.{{cite web|url=https://www.npr.org/2020/01/22/798603313/utah-becomes-latest-state-to-ban-discredited-lgbtq-conversion-therapy|title=Utah Becomes Latest State To Ban Discredited LGBTQ 'Conversion Therapy'|website=NPR|date=January 22, 2020}} 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.{{cite web|url=https://edition.cnn.com/2020/01/22/politics/utah-conversion-therapy-ban-trnd/index.html|title=Utah bans conversion therapy for LGBTQ children|website=CNN|date=January 22, 2020}}{{cite web|url=https://www.reuters.com/article/us-usa-utah-lgbt/utah-bans-lgbtq-conversion-therapy-for-children-idUSKBN1ZL31R|title=Utah bans LGBTQ conversion therapy for children|website=Reuters|date=January 22, 2020}} 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.{{cite web | url=https://www.deseret.com/utah/2023/2/17/23604347/conversion-therapy-ban-lgbt-utah-bill | title=Utah Legislature codifies ban on conversion therapy while addressing therapists' concerns | date=February 17, 2023 }}

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.{{Cite news

|last=Gelman

|first=Andrew |author2=Jeffrey Lax |author3=Justin Phillips

|title=Over time, a gay marriage groundswell

|newspaper=The New York Times

|location=New York

|date=August 21, 2010

|url=https://www.nytimes.com/2010/08/22/weekinreview/22gay.html

|access-date=January 11, 2011}}

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.{{cite web

|last=Jensen

|first=Tom

|title=Utah opposes same-sex marriage, but not all recognition

|work=News Release

|publisher=Public Policy Polling

|date=July 21, 2011

|url=http://www.publicpolicypolling.com/pdf/PPP_Release_UT_0721.pdf

|access-date=July 21, 2011}}

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.{{cite news|last=Adams|first=Brooke|title=Utah divided on same-sex marriage|url=http://www.sltrib.com/sltrib/news/57391605-78/marriage-sex-percent-state.html.csp|access-date=January 14, 2014|newspaper=Salt Lake Trinbune|date=January 14, 2014}}

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.{{cite web|url=http://ava.prri.org/#lgbt/2017/States/lgbt_ssm/m/US-UT|title=PRRI – American Values Atlas|first=Epicenter|last=Consulting|website=ava.prri.org}}

{{Portal|LGBTQ|Politics|Utah}}

• Homosexuality and the LDS Church
• Kitchen v. Herbert
• LGBT rights and the LDS Church
• LGBT rights in the United States
• Politics of Utah
• Rights and responsibilities of marriages in the United States
• Timeline of LGBT Mormon history

{{reflist|colwidth=30em}}

• [https://web.archive.org/web/20130331034144/http://content.lib.utah.edu/cdm/singleitem/collection/UU_EAD/id/1074/rec/11 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.

{{LGBTQ rights in the United States}}

{{Utah}}

{{DEFAULTSORT:LGBT Rights In Utah}}

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Category:Politics of Utah

Category:Utah law