Utah LGBT Laws

Utah Code. Title 78B Judicial Code. Chapter 15 Utah Uniform Parentage Act. Part 8 Gestational Agreement §§ 801-809 [L1.1]

Utah Code dictates that a surrogacy agreement can only be approved if the prospective parents proves a pregnancy would risk the health of the ”mother”. Such wording arguably discriminates against male couples looking to have a child [L1.1].

In August 2016, Fifth District Judge Jeffery C. Wilcox denied the petition to approve a surrogacy agreement filed by Jon and Noel to enter a surrogacy agreement with a woman who wanted to help make their family complete. The judge said he believed he had no choice but to deny Jon and Noels petition ”because neither of the legally married intended parents are women”. The case is on appeal in the Utah Supreme Court [R2.1].

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On 08 March 2017, the Senate passed 27-1 Bill SB196 (Health Education Amendments) replacing a ban on ”advocacy of homosexuality” in schools with a prohibition against the ”advocacy of premarital or extramarital sexual activity”, sending it to Republican governor Gary Herbert for his signature or veto. On 07 March 2017, the House of Representatives reportedly passed the Bill 68-1 [R1.3].

On 06 March 2012, the Senate voted 19–10 in favour of bill [HB363 Health Education Amendments] making sex education lessons optional and prohibiting the discussion of homosexuality and instructions on how to use contraception, if the Bill becomes law [L1.2], [R1.1].

On 04 November 2016, Equality Utah filed a Complaint for Declaratory and Injunctive Relief in the US District Court, District of Utah, Central Division challenging Utah law prohibiting positive student and teacher speech about ”homosexuality”, while permitting positive speech about the sexual orientation of heterosexual persons, and by prohibiting the equal treatment of student clubs that are supportive of students who are lesbian, gay, bisexual, or transgender (”LGBT”) [C2.2], [R2.1].

In 1998, it was reported that a Court had ruled that nonbiological partners have the right to sue for custody of ex-partner’s children [R1.1].

On 06 March 2019, the State legislature passed Senate Bill 43 (41-32 vote in the House). The Bill in part decriminalizes fornication outside of marriage and now goes to the Governor [R1.3].

In February 2009, Governor John Huntsman said he backs civil unions for gay and lesbians [R1.2].

In May 2004, The Episcopal Diocese of Utah ruled that Episcopal priests will be allowed to bless same-sex partnerships [R1.1].

In 2008, Salt Lake City Council established a “mutual commitment” registry enabling domestic partners to register their relationships [R2.2].

The legislators were of the view that the term “domestic partnership” is inconsistent with Utah’s constitutional amendment banning gay marriage, preferring the terrm “mutual commitment” [R2.1].

On 21 August 2018, 3rd District Judge Patrick Corum declared 74-year-old Bonnie Foerster legally married to her longtime partner Beverly Grossaint, who died in May in Salt Lake City at age 82 [R3.2].

On 04 December 2015, 2nd District Court Judge Ernest W Jones ruled that the eight-year relationship of same-sex couple Nicki Bidlack and the late Sara Clow was a common-law marriage, ordering an amended birth certificate for her 2-year-old son that lists both Bidlack and Clow as the boy’s mothers. The son is biologically Clow’s and the ruling will allow Bidlack to access estate and death benefits for him [R3.1].

On 12 May 2015, SB 296 protecting rights for gays and lesbians in housing and employment and SB 297 simultaneously preserving religious liberty by allowing businesses or groups to “opt out” of providing select services if it goes against their religious faith, went into effect [R1.7].

On 12 March 2015, Governor Gary Herbert signed SB296, the Antidiscrimination and Religious Freedom Amendments Bill into law [R1.6].

On 11 March 2015, the House of Representativespassed Bill SB296 65-10, introduced 03 March and passed by the Senate 06 March. If and when signed by the Governor, the bill would make it unlawful to base hiring, firing and other employment decisions or to refuse to sell or rent, to deny a home loan, or to base other housing decisions based on someone’s sexual orientation or gender identity. Religious organizations and their affiliates such as schools and hospitals are exempt and, absent harassment or interference with company business, there is a limited exemption for people to express their beliefs in the workplace [L1.5], [R1.4].

Previously:

There was no State-wide anti-discrimination law [R1.1].

Utah Code. Title 53A State System of Public Education. Chapter 11 Students in Public Schools. Section 1206 Clubs – Limitations and denials [L1.3]

53A–11–1206. Clubs – Limitations and denials.

(1) A school shall limit or deny authorization or school building use to a club or require changes prior to granting authorization or school building use:

(a) as the school determines it to be necessary to:

(i) protect the physical, emotional, psychological, or moral well-being of students and faculty;
(ii) … (vi)

(b) whose proposed charter and proposed activities indicate students or advisors in club related activities would as a substantial, material, or significant part of their conduct or means of expression:

(i) … (ii)
(iii) involve human sexuality; or (iv) …

(2) A school governing board has the authority to determine whether any club meets the criteria of Subsection (1).

(3) If a school or school governing board limits or denies authorization to a club, the school or school governing board shall provide, in writing, to the applicant the factual and legal basis for the limitation or denial.

(4) A student’s spontaneous expression of sentiments or opinions otherwise identified in Subsection 53A-13-302(1) is not prohibited.

On 06 March 2015, the Senate voted 23-5 to pass SB 296, a landmark anti-discrimination bill that protects gay and transgender people from discrimination while also protecting religious rights. It now advances to the Utah House, where it would need approval before lawmakers adjourn at midnight on Thursday [R1.2].

In January 2010, Utah lawmakers reportedly would not take up a law that would ban discrimination against gays and lesbians in the workforce and in housing, and instead would spend a year studying the issue [R1.1].

In December 2010, Grand County joined the 9 other Utah cities and counties with LGBT protections in housing and employment discrimination [R2.2].

Summit County reportedly has a similar ordinance.

On 15 December 2009, Salt Lake County gave preliminary approval to sexual orientation and gender identity nondiscrimination ordinances covering employment and housing (with some exceptions). The county council must formally approve the measures in January before they can become law [R2.1].

On 09 November 2010, the city councils in Murray, a suburb of Salt Lake City, and Moab, in the eastern part of the state, passed the ordinances banning housing and employment discrimination targeting LGBT individuals [R3.5].

Park City, West Valley City and Taylorsville are also believed to have similar ordinances.

On 18 May 2010, the city council of Logan passed two ordinances that protect LGBT people from discrimination in housing and employment within city limits [R3.4].

On 02 April 2010, Salt Lake City’s ordinances to protect gays from discrimination in housing and employment took effect. The laws exempt religious organizations, businesses with 15 or fewer employees and some small landlords. A complaint and investigation process was also created [R3.3].

Title 10 – Human Rights, 10.02.020 [L3.3]

Definitions: Discrimination: A practice in employment, immigration, housing, public safety, public transportation or in other city departments or services that unfairly segregates or separates on the grounds of age, ancestry, color, disability, gender, national origin, marital status, medical condition, physical limitation, race, religion, sexual orientation, or gender identity […].

On 17 November 2009, Salt Lake City mayor Ralph Becker signed a pair of nondiscrimination ordinances [R3.2].

In November 2009, Salt Lake City Council passed the two gay rights measures that will ban employment or housing discrimination based on sexual orientation or gender identity from April (2010) [R3.1].

On 04 November 2016, Equality Utah filed a Complaint for Declaratory and Injunctive Relief in the US District Court, District of Utah, Central Division challenging Utah law prohibiting positive student and teacher speech about ”homosexuality”, while permitting positive speech about the sexual orientation of heterosexual persons, and by prohibiting the equal treatment of student clubs that are supportive of students who are lesbian, gay, bisexual, or transgender (”LGBT”) [C4.3], [R4.2].

On 04 April 2003, the Utah Supreme Court ruled that parents and students lacked a legally protectible interest in their suit to have a lesbian teacher dismissed on the ground that she was unfit to teach [R4.1].

Disciplinary action and complaints must be handled by the Professional Practices Advisory Commission, the disciplinary arm of the state board of education, the court ruled [R4.1].

On 14 February 2019, a legislative proposal declaring gender characteristics determined at birth to be ”innate and immutable” that would have blocked transgender people from changing the sex listed on their birth certificates in Utah was shelved, leaving the issue in limbo [R1.1].

In November 2009, Salt Lake City Council passed two gay rights measures that will ban employment or housing discrimination based on sexual orientation or gender identity from April (2010) [R2.1].

In December 2016, 2nd Judicial District Judge Noel Hyde reportedly granted name changes to transgender man Sean Childers-Gray and transgender woman Angie Rice but denied them sex-designation or gender marker changes on the grounds that he lacked authority to grant a sex-designation change because Utah law lacks clarity and outlines no set of standards or rules. An appeal is expected to be filed in the Supreme Court [R3.1].

On 26 February 2016, the Senate voted 17-12 giving preliminary approval to amend the hate crime law and add protections for gay and transgender people. A final vote is expected in the next two weeks [R1.5].

On 11 February 2016, the Senate judiciary committee voted 5-1 to advance to the full Senate for a vote a proposal adding protections for gay and transgender people to the state’s hate crime law [R1.4].

On 28 February 2003, the hate crimes measure was recalled and appeared doomed had it been put to a re-vote. Sponsor Rep. David Litvack, D-Salt Lake City, said his decision to allow the bill a quiet, dignified death was in some ways a tribute to the “memorable” debate of last week [R1.3].

On 27 February 2003, in an unexpected 38–35 vote, a hate crimes bill was approved by the Utah House of Representatives [R1.2], however –

The bill would have created stiffer penalties for crimes motivated by bias or prejudice against a victim’s race, color, gender, disability, age, nationality, ancestry, religion or sexual orientation. House members amended the bill to include prejudicial crimes against individuals affiliated with a business [R1.3].

In February 2001, just one day after voting down a hate-crimes proposal, the Republican majority in the Utah Senate revived the bill and passed it 21–5 [R1.1].

On 06 March 2019, Bill HB399 was tabled indefinitely, meaning it will not advance this legislative cycle. The Bill would have banned controversial conversion therapies, the psuedoscientific programs designed to change a person’s sexual orientation. [On 14 March the Bill was in the House file for Bills not passed]. [R1.1].

Consensual sex between same-sex couples sex is unlawful in Utah [R1.2], however –

On 26 June 2003, US Supreme Court ruled in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Utah law [C1.1], [R1.1].

On 06 March 2019, the State legislature passed Senate Bill 43 (41-32 vote in the House). The Bill in part decriminalizes fornication outside of marriage and now goes to the Governor [R1.10].

On 20 March 2015, Governor Gary Herbert signed Bill SB297 into law, establishing that county clerks have an affirmative duty to perform all lawful same-sex marriages or to designate a clerk available who will do so if other county clerks opt out on religious grounds. Clerks opting out for any reason may not perform ANY marriages [D1.9], [R1.8].

On 15 January 2014, Delaware Attorney General Beau Biden said the state will recognize same-sex marriages performed in Utah between 20 December 2013, and 06 January 2014. Maine, Maryland, Massachusetts [SFGN, 16 JAN], Washington and Washington DC also announced state recognition of same-sex marriages performed in Utah [R1.7].

On 10 January 2014, US Attorney-General Eric Holder announced that for the purposes of federal law, the US government will recognize as valid the unions of 1,360 same-sex couples who married in Utah during the 17 days such marriages legal. Utah Attorney-General Sean Reyes directed county clerks to issue marriage licenses to those couples who had applied for them and had their union solemnized before the Supreme Court enacted its stay on Monday [R1.6].

On 08 January 2014, the office of Governor Gary Herbert announced that more than 1,000 same-sex marriages that took place in the 17 days when such unions were permitted in Utah will not be considered legal. Arguably, the Supreme Court’s injunction has no bearing on the validity of the marriages that took place when they were legal [R1.5].

On 20 December 2013, Deswood Tome, an adviser to Navajo Nation President Ben Shelly, reportedly said that the tribe’s own law prohibiting same-sex marriage isn’t affected by the New Mexico Supreme Court’s decision legalizing marriage for gay and lesbian couples in New Mexico (and Utah) [R1.4].

On 20 December 2013, US District Judge Robert J Shelby in the Utah District Court granted a motion for summary judgment in the Derek Kitchen & Ors v. Gary R Herbert & Ors case, ruling that the State ban on same-sex marriage was unconstitutional and “perpetuates inequality“ [C2.4], [R2.3].

Previously:

In 2004, the State constitution was altered after a state ballot was approved that defines marriage as between a man and a woman [R1.3].

Utah Code, Constitution, Article 1 Declaration of Rights, Section 29 Marriage [L1.2]

(1) Marriage consists only of the legal union between a man and a woman.

(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

In 1996, a law passed banning gay marriages and prohibiting the recognition of gay marriages in other states [R1.1].

On 21 August 2018, 3rd District Judge Patrick Corum declared 74-year-old Bonnie Foerster legally married to her longtime partner Beverly Grossaint, who died in May in Salt Lake City at age 82 [R2.38].

On 11 April 2016, the US Court of Appeals for the 10th Circuit overturned the District Court’s ruling that the criminalization of cohabitation under the Utah polygamy law was unconstitutional, dismissing the appeal by the Attorney-General as moot on a technicality – the Browns (Plaintiffs-Appellees) did not face any credible threat to prosecution having moved to Nevada. The Court remanded the case ”to the district court with instructions to vacate its judgment and dismiss this suit without prejudice” [C2.37], [R2.36].

On 06 October 2014, the US Court of Appeals for the Tenth Circuit issued its orders in the Bishop v. Smith (Oklahoma) and Kitchen v. Herbert (Utah) cases, allowing same-sex marriages to proceed in both states [C2.35], [R2.34].

On 06 October 2014, the U.S. Supreme Court denied review of five cases from Indiana, Oklahoma, Utah, Virginia and Wisconsin seeking the freedom to marry, leaving in force the five favorable marriage rulings reached in three federal appellate courts, meaning that soon, as many as 60% of the American people will be living in freedom-to-marry states [C2.33], [R2.32].

On 29 September 2014, the nine justices of the US Supreme Court likely met to discuss whether they should take up any or all of the seven petitions before the Court from Indiana, Oklahoma, Utah, Virginia and Wisconsin on the issue of marriage equality. (The only public word from the Court after the conference will be its order list. The list could be released earlier but likely will issue on 06 October) [R2.31].

On 05 August 2014, the State Governor and Attorney-General filed a petition in the US Supreme Court following the decision in Derek Kitchen et al. v. Gary S Herbert et al. seeking clarification as to “whether the Fourteenth Amendment to the United States Constitution prohibits a state from defining or recognizing marriage only as the legal union between a man and a woman” [C2.30], [R2.29].

On 18 July 2014, the US Supreme Court ordered: “The preliminary injunction issued by the United States District Court for the District of Utah, case No. 2:14-cv-00055-DAK, on May 19, 2014 (requiring state officials to recognize the legally-performed marriages of same-sex couples), is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit.” [C2.28], [R2.27].

On 11 July 2014, the US Court of Appeals for the 10th Circuit ordered Utah to recognize the marriages of approximately 1,300 LGBTI couples, staying the order until 21 July pending an appeal to the US Supreme Court [C2.26], [R2.25].

On 09 July 2014, it was reported that the 10th Circuit Court’s decision in favor of marriage equality has been appealed to the US Supreme Court [R2.24].

On 25 June 2014, the 10th Circuit Court of Appeals in Colorado affirmed 2-1 the district court’s ruling that Utah’s same-sex marriage ban is unconstitutional, finding “ … A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union … ”. A stay was issued pending appeal [C2.23], [R2.22].

On 05 June 2014, the 10th Circuit Court of Appeals granted temporary stay on a request by the state to halt recognition of same-sex marriages. The judge set a Monday deadline for the state to appeal or begin recognizing more than 1,200 same-sex marriages performed after Amendment 3 was overturned [C2.21], [R2.20].

On 19 May 2014, US District Judge Dale A Kimball issued a preliminary injunction requiring state officials to recognize the legally-performed marriages of same-sex couples in the state before the Supreme Court issued its stay. Between 20 December 2013 and 06 January 2014, the State of Utah issued marriage licenses to over 1,300 same-sex couples [C2.19], [R2.18].

On 10 April 2014, the 10th US Circuit Court of Appeals began hearing the marriage equality case Kitchen, et al v. Herbert, et al No. 13-4178.

On 06 January 2014, the US Supreme Court granted a stay halting same-sex marriages in Utah pending pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit [C2.17], [R2.16].

On 31 December 2013, the State of Utah petitioned the Supreme Court to stay the ruling by US District Judge Robert Shelby in the marriage equality case. The petition is addressed to Justice Sonia Sotomayor, who is assigned to hear such petitions that come from states in the 10th Circuit [C2.15], [R2.14].

On 24 December 2013, the 10th Circuit Court of Appeals denied the state’s emergency motion for a stay pending appeal and for a temporary stay, directing the expedited consideration of the appeal [C2.13].

On 23 December 2013, US District Court Judge Robert A. Shelby denied the state’s motion to put his ruling on hold while the appeal process continues [C2.12], [R2.11].

On 23 December 2013, in the 10th Circuit Court of Appeals, Judges Holmes and Bacharach again denied Utah’s emergency request for a temporary stay in the case to establish legal marriage equality [C2.10].

On 22 December 2013, in the 10th Circuit Court of Appeals, Judges Holmes and Bacharach denied Utah’s emergency request for a temporary stay in the case to establish legal marriage equality [C2.9], [R2.8].

On 20 December 2013, the Acting Attorney General Brian Tarbet filed motions for a stay of the judgment that that the state’s ban on same-sex couples marrying is unconstitutional in both the District Court and the 10th Circuit Court of Appeals [C2.7], [C2.6], [R2.5].

On 20 December 2013, US District Judge Robert J Shelby in the Utah District Court granted a motion for summary judgment in the Derek Kitchen & Ors v. Gary R Herbert & Ors case, ruling that the State ban on same-sex marriage was unconstitutional and “perpetuates inequality“ [C2.4], [R2.3].

On 25 March 2013, Derek L. Kitchen and Moudi D. Sbeity, Karen Archer and Kate Call, Laurie Wood and Kody Partridge filed a complaint in the US District Court of Utah challenging Utah’s voter-approved ban on same-sex marriage [C2.2], [R1.1]

On 23 October 2014, the Utah Supreme Court reportedly lifted the temporary stay granted 16 May 2014 blocking same-sex married couples from adoption, meaning that the Department of Health can issue birth certificates listing same-sex adults as a child’s legal parents [R2.5].

As at 06 October 2014, Utah law allows single people and legally married couples to be foster parents. That previously excluded same-sex couples, who could not legally wed. But with the US Supreme Court rejecting Utah’s appeal of Amendment 3 (see Marriage at [C2.33] 06 October) and Governor Gary Herbert ordering of state agencies to recognize same-sex marriage, gay and lesbian couples can now be foster parents [R1.7].

Previously

In 2001, Utah banned homosexual couples from adopting children but has no prohibition against adoption by gay individuals [R1.6].

In 2003, a legal challenge to the ban was mooted [R1.5]. Kaufman & Fuller -v- Utah.

On 23 January 2012, Sen. Ross Romero’s Adoption by a Co-parent Bill [SB 126] was introduced and if eventually passed into law, would allow gay couples, or any unmarried couple living together, to adopt [R1.4].

In April 2000, the Board of Trustees of the state Division of Child and Family Services approved two policies to conform with the new state law governing who can adopt and be foster parents in Utah. The policies prohibit cohabiting adults from adopting children or becoming foster parents and are modeled after House Bill 103 [R1.3].

In March 2000, Gov. Mike Leavitt signed House Bill 103 into law preventing cohabiting adults from adopting children or becoming foster parents [R1.2]. The law took effect 01 May [R1.3].

In September 1998, the Division of Child and Family Services (DCFS) voted 7-2 to ban unmarried heterosexual couples or gay and lesbians partners from adopting state-fostered children [R1.1].

On 04 December 2015, 2nd District Court Judge Ernest W Jones ruled that the eight-year relationship of same-sex couple Nicki Bidlack and the late Sara Clow was a common-law marriage, ordering an amended birth certificate for her 2-year-old son that lists both Bidlack and Clow as the boy’s mothers. The son is biologically Clow’s and the ruling will allow Bidlack to access estate and death benefits for him [R2.12].

On 16 November 2015, 7th District Court Juvenile Court Judge Scott Johansen was reported to have removed himself from the April Hoagland and Beckie Peirce foster care case amid wide-spread criticism of his controversial 10 October decision (below at R2.9) [R2.11].

On 13 October 2015, 7th District Court Juvenile Court Judge Scott Johansen reportedly rescinded his 10 November order requiring married lesbian couple April Hoagland and Beckie Peirce to give up a child they have cared for as foster parents, allowing the nine-month-old baby to stay with them [R2.10].

On 10 October 2015, 7th District Court Juvenile Court Judge Scott Johansen reportedly ordered married lesbian couple April Hoagland and Beckie Peirce to give up a child they have cared for as foster parents, controversially declaring the infant would be better off with heterosexual parents [R2.9].

On 16 October 2015, the state of Utah agreed to end a lawsuit filed by married lesbian couple Angie Roe and Kami Row, who sued to get Angie Roe’s name on the birth certificate for their child L.R. The state agreed to pay their legal fees and costs in the sum of $24,302. The 22 July 2015 preliminary injunction was made permanent [C2.8], [R2.7].

On 15 July 2015, US District Judge Dee Benson ruled that Utah must recognize the rights of married lesbian couple Angela and Kami Roe by issuing a birth certificate for their infant daughter that lists both of the women as legal parents [R2.6].

On 23 October 2014, the Utah Supreme Court reportedly lifted the temporary stay granted 16 May 2014 blocking same-sex married couples from adoption, meaning that the Department of Health can issue birth certificates listing same-sex adults as a child’s legal parents [R2.5].

On 16 May 2014, the Utah Supreme Court granted a temporary halt of several district judges’ orders requiring the Utah Department of Health to issue birth certificates in same-sex parent adoptions [R2.4].

On 04 April 2014, the Utah Department of Health filed a Petition for Emergency Relief to stay enforcement of the 13 February 2014 Order issued by the Honorable Elizabeth A. Hruby-Mills in In the Matter of the Adoption of (redacted). Case No. (redacted) [C2.3].

On 02 April 2014, 3rd District Judge Andrew Stone approved the adoption by Kimberly and Amber Leary of their child, conceived through assisted reproduction, whilst the Utah Office of Vital Records and Statistics has refused to accept the court order approving their second-parent adoption. The Leary’s were married hours after US District Court Judge Robert Shelby overturned Utah’s ban on same-sex marriage and before the US Supreme Court put the ruling on hold [R2.2].

In November 1999, the American Civil Liberties Union sued to block a rule that prohibits unmarried couples in Utah from adopting children in state custody [R2.1].

On 16 January 2014, Tax commission spokesman Charlie Roberts said newly married gay and lesbian couples can jointly file their taxes for 2013. The ruling also pertains to same-sex couples legally married in other states [R1.1].