The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Utah have significantly evolved in the 21st century.
In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited.
A 2017 Public Religion Research Institute poll showed that 44% of Utah residents supported same-sex marriage, a significant increase from the early 2000s.
[4] Criminalization of same-sex sexual activity began since people of European descent first established a federally recognized government in the region.
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.
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 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.
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.
[23] 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 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.
[33] 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.
[41] Two Utah college volleyball teams have forfeited scheduled matches with San José State University amid a controversy related to a transgender player.
Transgender students can participate in a sport-by-sport approach determined by the national governing body of the sport, according to NCAA guidelines.
[49] 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.
[60][61][62] 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.
"[63] Utah has enacted anti-bullying legislation several times since 2006, detailing prohibited behavior and increasing the reporting requirements for local school boards.
[64][65][66] LGBT rights advocates have campaigned for faster and more sensitive responses from school officials and highlighted the problem of gay teen suicide.
[77][78] 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.
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".
"[85] 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.
[89][90][91] In March 2022, a bill passed the Utah Legislature "at the final moment" banning transgender individuals from playing sports, athletics and Olympics.
[112] A legal review by the legislature had found the bill potentially unconstitutional, due to its banning care strictly for transgender people.
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.
[116][117][118] 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.
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.
This issue was taken to court as the East High Gay Straight Alliance v. Board of Education of Salt Lake City School District.
"[129] 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.
[131][132][133] 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.
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.
[136][137] 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.