LGBT Rights in Utah

Same-sex sexual relations in the territory of the modern state of Utah were criminalized after an administration recognized by the federal center appeared in the region. In 1851, the Legislative Assembly of the newly formed Utah Territory , where Acting Governor was Brigham Young - head of The Church of Jesus Christ of Latter-day Saints ( Mormons ), passed the first law on same-sex relationships, which prohibited any sexual intercourse between males, regardless of age, leaving the punishment for this crime at the discretion of the court.

This ban later served as the basis for the Utah (Utah Code, sections 76-5-403), which prohibited anal sex for both homosexuals and heterosexuals; the crime was class B and punishable by imprisonment of up to six months and a fine of up to a thousand US dollars.

By a 2003 decision of the US Supreme Court in Lawrence v. Texas , laws prohibiting anal sex between adult partners by mutual consent were repealed in the US ^[1] .

In 2007, Utah state senator from Salt Lake City County proposed amending SB 169 to state sodomy law and repealing its unconstitutional parts. However, the bill was rejected by his colleagues without consideration. In 2011, at the initiative of human rights activist , the Utah amended its charter by repealing the ban on issuing state permits for the covert carrying of firearms to individuals who have ever been convicted of violating state sodomy law .

In 1995, Norm L. Nielson, a member of the Utah County State Legislature, proposed HB 366, which prohibited Utah from officially recognizing same-sex marriages in other states and states. The law was passed and became the first such act in the United States. In 2004, state voters approved Amendment 3 to the Utah Constitution, according to which only a legal union or civil partnership between a man and a woman was recognized as marriage (65.8% are for, 33.2% are against).

On March 25, 2013, three same-sex couples, including one with a marriage registered in Iowa, filed a lawsuit with the Utah County Court to declare a state ban on recognizing same-sex marriage unconstitutional in accordance with due process and equal protection provisions, provided by the US Constitution. On December 4, the court heard the arguments of the parties. State officials argued that there was “nothing out of the ordinary” in applying policies that encouraged “responsible childbearing” and “the best way to raise children.” The plaintiffs argued that "state policy is based on prejudice and bias that have religious background in that state." On December 20, 2013, District Judge Robert J. Shelby declared the ban on same-sex marriage unconstitutional and ordered the state to repeal the ban. On January 6, 2014, the U.S. Supreme Court suspended the District Court ruling pending a decision to appeal to the U.S. Tenth Circuit Court of Appeals . On June 25, 2014, the Court of Appeal upheld the decision of the lower court, which created a precedent for each state in the district to resolve such cases. On October 6, 2014, the U.S. Supreme Court ordered Utah to officially recognize and start registering same-sex marriage.

In 1998, Nora B. Stevens, a member of the Davis County State Legislature, proposed HB 103, which favors couples in adoption and prohibits adoption of couples in civil partnerships. Member of the state legislature for Salt Lake County, human rights activist Jackie Biskupsky opposed the bill. However, the law was passed.

Utah laws do not prohibit single people from adopting, as long as the adoptive parent is “not in a relationship that is not a legally valid and compulsory marriage.” Utah law stipulates that a child may be adopted by lawfully married adult citizens in accordance with state laws.

On December 20, 2013, by the decision of the Utah County District Court, gay marriage in the state was officially recognized. This allowed legalizing the adoption of children in same-sex families. However, the US Supreme Court suspended this ruling until October 6, 2014, when same-sex marriages finally received official recognition in Utah.

The state capital, Salt Lake City and its suburbs, has the highest level (26%) of same-sex families whose partners share parental rights, according to an analysis of census data from the Williams Institute and the Los Angeles Law School.

In 2008, Kristin Johnson, a member of the Salt Lake County state legislature, proposed HB 89 amendments to the State's Anti-Discrimination Act to prohibit discrimination in employment based on sexual orientation and gender identity. However, the bill was rejected by her colleagues. Then, in 2009 and 2010, she twice proposed these amendments, and both times the amendment proposals were again rejected. In 2010, Christine Johnson proposed amendments to HB 128 in the Anti-Discrimination Act, which prohibit discrimination in employment and housing based on sexual orientation and gender identity.

On March 6, 2015, the State Senate passed (23 for, 5 against) the Law on the Prohibition of Discrimination Based on Sexual Orientation and Gender Identity in Employment and Housing (Excluding Public Places), providing religious organizations and their affiliates (schools and hospitals) and Boy Scout organizations themselves to decide whether or not to accept employment on the basis of sexual orientation and gender identity. The same law provides for the protection of employees from dismissal for talking about personal religious or moral beliefs, provided that their statements did not contain insults and did not humiliate the dignity of another person. The legislation was supported by the leadership of The Church of Jesus Christ of Latter-day Saints. On March 11, 2015, the law was approved by the State House of Representatives (65 for, 10 against). On March 12, 2015, Gary Herbert, Governor of Utah, signed the bill.

Among the state politicians who made a special contribution to the laws of Utah on the protection of the rights of lesbians, gays, bisexuals and transgender people, members of the state legislature are Christine Johnson, Jackie Biskupsky, Brian Doughty.

Local Legal Initiatives

In 1986, human rights activist David L. Nelson unsuccessfully lobbied for a resolution by the Salt Lake City Council to establish a city human rights commission and prohibit discrimination based on sexual orientation. This was the first such offer in Utah. In 1986-1987, he achieved the introduction of an educational program to eradicate homophobia at the Salt Lake City Police Department. It was also the first such program adopted in Utah. In 1992, the same human rights activist successfully lobbied for a resolution by the Salt Lake County Commission to prohibit discrimination, including discrimination based on sexual orientation. This was the first such law passed in Utah.

In 1991, the administration of the University of Utah introduced a ban on discrimination in employment, including a ban on discrimination based on sexual orientation. The anti-discrimination ban of the University of Utah has repeatedly expanded: in 1996, it included a clause on the prohibition of discrimination for teachers, in 1997 for students, and in 2009 for applicants.

In 2008, proposed to the state legislature an initiative consisting of five bills to establish equal rights for all residents of the state, regardless of their sexual orientation and gender identity. The bills were approved by the leadership of The Church of Jesus Christ of Latter-day Saints, who stated that they did not object to their adoption. The heads of human rights organizations sent 27,000 letters to the heads of local churches, calling for support for the legislative initiative, but they refrained from commenting. Legislative initiative failed without going through discussions in several parliamentary committees. In response to this, Equality in Utah successfully lobbied for the adoption of such bills in 12 counties and state cities, including Salt Lake, Summit, Grand, and Salt Lake City, West Valley City, Ogden, Taylorsville, Logan , Murray, Park City and Moab.

In 2009–2010, members of the Salt Lake City Council passed two bills that prohibit discrimination in employment and housing (excluding religious groups) based on sexual orientation or gender identity. The leadership of The Church of Jesus Christ of Latter-day Saints, even before the adoption of this law, expressed support for it, saying that this law could be taken as a model for such bills throughout the state.

In 1992, Frank R. Pinignelli, Salt Lake County State Representative, proposed legislative initiatives HB 111 (“Hate Crime Statistics Act”) and HB 112 (“Hate Crimes and Civil Rights Violations”) that have been reviewed and accepted. The laws require the State Department of Public Security to collect and publish statistics on hate crimes that are committed in the state and provide for harsher penalties. Human rights activist David L. Nelson participated in the drafting of the laws. In 1992-1999, unsuccessful attempts were made to amend these laws.

Since 2006, Utah has passed anti-bullying laws several times that describe illegal behavior in detail and increase reporting requirements for local school boards. Proponents of the rights of lesbians, gays, bisexuals, and transgenders campaigned for faster and more effective action by school officials and emphasized the problem of suicide among gay teenagers. A law passed in 2013 requires the school administration to notify parents of bullying against their child. The new demand arose as a direct response to the suicide of 14-year-old gay man David Fan, whose family did not know that he was the target of bullying at school. Some human rights activists have expressed concern that excessive demands could result in students being transferred to home schooling, which may not always be in the best interests of the child. They recommended introducing teacher education programs in schools that would help them learn to notify their parents on time (especially in same-sex families).

Transgender people in Utah can change their gender in birth certificates by providing a certified court order and change their name and gender in documents without surgery. After receiving a court order, amendments are made to the documents and become part of the original certificate, a certified copy is issued to the applicant at no additional cost.

In 2005, high school students in the city of Provo set up the Union of Gays and Straights group. In response, some city residents turned to the District Council on Education with a request to close this group. They were denied because their claim was contrary to federal law. Instead, the Council introduced a rule that none of the high school students can join any school group without the written consent of their parents.

On October 21, 2016, Utah Equality filed a lawsuit in the U.S. District of Utah District Court against the State Board of Education, demanding the repeal of the law prohibiting talking about homosexuality in schools. The law stated that “materials adopted by the local school board ... should be based on the recommendations of the school district review committee that are consistent with state law and state rules, emphasizing the need to abstain from marriage and fidelity after marriage, and prohibiting the promotion of homosexuality ”(Utah Code § 53A-13-101). On March 8, 2017, the Utah Legislature passed Amendment SB196, which deleted the phrase “propaganda for homosexuality” from the law. On March 20, 2017, Governor Gary Herbert signed a law approving the amendment. The law entered into force on July 1, 2017.

A survey conducted by Columbia University in 2010 showed that Utah ranks last among states in terms of tolerance for homosexual family unions. Only 22% of the state's residents spoke out for same-sex marriage, which was 10% more than with the same survey in 1994-1996.

A survey conducted in 2011 showed that already 27% of Utah voters support same-sex marriage, 66% against and 7% found it difficult to answer. The same survey showed that 60% of respondents agree with the legal recognition of same-sex couples (23% for gay marriage and 37% for civil unions), while 39% spoke out against such marriages and 1% found it difficult to answer.

A survey conducted on January 10–13, 2014 by commissioned by , showed that Utah’s opinions on the recognition of same-sex marriages in the state were equally divided - 48% were in favor and against and 4% found it difficult to answer. Approximately 72% of respondents agreed that same-sex couples should be allowed to form civil unions that provide the same legal rights as marriage.

A survey conducted by (PRRI) in 2017 found that 54% of Utah residents have same-sex marriage, 38% are opposed, and 8% are unanimous. Кроме того, 80% высказались за антидискриминационные законы, касающиеся сексуальной ориентации и гендерной идентичности человека, 15% высказались против ^[2] .