Courts & Tribunals

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].

State:

In February 2009, Governor John Huntsman said he backs civil unions for gay and lesbians [R1.1].

Cities & Towns

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].

Churches

In May 2004, The Episcopal Diocese of Utah ruled that Episcopal priests will be allowed to bless same-sex partnerships [R3.1].

State

There is no State-wide anti-discrimnation law [R1.1].

Utah Code. Title 53A State System of Public Education. Chapter 11 Students in Public Schools. Section 1206 Clubs – Limitations and denials [L1.1]

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.

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].

County

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].

Cities & Towns

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].

Colleges & Universities

On 04 December 2009, Southern Utah University's board of trustees unanimously voted to protect LGBT students from discrimination [R4.1].

Courts & Tribunals

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 [R5.1].

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 [R5.1].

Cities & Towns

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) [R1.1].

State

On 27 February 2003, in an unexpected 38–35 vote, a hate crimes bill was approved by the Utah House of Representatives [R1.3], however –

On 28 February 2003, the 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 [R1.2].

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].

Courts & Tribunals

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].

State

In 2004 the State constitution was altered after a state ballot was approved that defines marriage as between a man and a woman [R1.2.

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].

State

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].

Courts & Tribunals

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].