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Utah Legislature special session convenes to stop fed override of trans bathroom, sport laws
In a significant move on Juneteenth, Utah lawmakers convened in a special session to declare the state’s refusal to comply with a forthcoming federal rule extending antidiscrimination protections to LGBTQ+ students under Title IX. The new federal directive, set to take effect on August 1, aims to prohibit discrimination based on gender identity or sexual orientation in schools. However, Utah’s resolution asserts that state laws restricting restroom access for transgender individuals and barring transgender girls from women’s high school sports take precedence.
This resolution is the first test of Utah’s SB57, also known as the Utah Constitutional Sovereignty Act, which posits the state can reject federal directives it deems violates state sovereignty. In theory, the act effectively flips traditional framework, enabling Utah to proactively refuse policies without waiting for legal challenges.
DEFENDING STATE SOVEREIGNTY
Utah House Speaker Mike Schultz, R-Hooper, expressed confidence in the state’s readiness to defend its position against anticipated legal challenges.
“We’re geared up; we’re ready to defend the actions that we’re taking today,” he stated. Similarly, Utah Senate President Stuart Adams, R-Layton, emphasized the need for urgent action to provide clarity for school districts ahead of the new school year.
Both Adams and Schultz believe that the Biden administration’s interpretation of Title IX to include protections for transgender students will ultimately be overturned by the courts. A recent federal ruling temporarily blocking the rule in six states, following similar rulings in other states, bolsters their stance.
LEGISLATIVE PERSPECTIVES
Rep. Kera Birkeland, R-Morgan, the sponsor of the transgender athlete ban and the bathroom bill, led the resolution. She criticized the Biden administration for “politicizing” Title IX protections. Sen. Scott Sandall, R-Tremonton, suggested that the resolution is about protecting state borders from federal overreach, a tool that he believes would be used similarly by any state legislature in opposition to the federal government.
Concerns also arose about the potential implications of Title IX’s provisions on pregnancy-related discrimination. Speaker Schultz voiced worries about the possibility of state funds being used to accommodate employees who travel out of state for abortions, emphasizing that state law should take precedence.
OPPOSITION AND EMOTIONAL PLEAS
The resolution passed with strong Republican support, but all Democrats and one Republican, Sen. Daniel Thatcher, R-West Valley City, opposed it. Rep. Sahara Hayes, D-Millcreek, the only openly gay member of the Legislature, delivered an emotional plea against the resolution, highlighting the dangers faced by LGBTQ+ students.
“Aren’t these kids just as worthy of health, safety, and well-being?” she asked.
Sen. Jennifer Plumb, D-Salt Lake City, criticized the resolution as another attack on a small, marginalized community, describing it as “salt in the wound.”
LGBTQ+ ADVOCACY RESPONSE
Equality Utah, the state’s largest LGBTQ+ rights organization, condemned the Legislature’s actions.
“Today the Utah Legislature invoked a new and constitutionally suspect law, which will unnecessarily invite litigation, all to once again focus the full weight and strength of the Utah government on the most vulnerable of populations: transgender children. Today’s legislative action seeks to invalidate the authority of the Federal Government’s new Title 9 regulations, which, among other things, make clear that students cannot be discriminated against based on sexual orientation or gender identity. Instead, Utah will undoubtedly now embark on costly and time-consuming litigation, all so that the state can continue to police bathroom usage by children. It is high time that Utah starts focusing its resources on helping our children achieve success rather than using them as pawns in order to score political points.”
PUBLIC PROTEST AND FUTURE IMPLICATIONS
The session sparked protests, with over 50 people gathering at the Capitol in Salt Lake City to voice their support for transgender rights. Chants echoed through the House chamber as lawmakers conducted their business.
Despite the potential risk of losing federal funding for Utah schools, Adams and Schultz remained steadfast in their commitment to state sovereignty. “Kids come before money,” Schultz declared.
GOVERNOR’S ROLE AND PUBLIC CRITICISM
Utah Gov. Spencer Cox called the special session to address the Title IX rule and other bills. However, the decision to hold the session on Juneteenth drew criticism from NAACP Salt Lake President Jeanetta Williams, highlighting the holiday’s significance in commemorating the end of slavery in the U.S.
As Utah navigates the legal and social ramifications of its stance, the debate over LGBTQ+ rights and state versus federal authority continues to unfold, drawing national attention and local fervor.
