LGBT rights in Utah

Rights for Lesbian, gay, bisexual, and transgender (LGBT) people in Utah became increasingly enacted during 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal there since the state's ban on same-sex marriage was ruled unconstitutional by a federal court on October 6, 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing. In spite of this, there are still a few differences between treatment of LGBT people and the rest of the population. Law regarding same-sex sexual activity: The Utah sodomy law (Utah Code Section 76-5-403) criminalized same-sex sexual activity until 2003 when the U.S. Supreme Court invalidated all state sodomy laws with its landmark 6 to 3 opinion in Lawrence v. Texas. The opinion stated that private consensual sexual conduct is protected by the due process and equal protection rights that are guaranteed by the United States Constitution. The state sodomy law applied to heterosexuality and homosexuality as a Class B misdemeanor, and provided punishment of up to six months in jail and up to a $1,000 fine. Openly gay Utah Sen. Scott McCoy, D-Salt Lake, sponsored the bill S.B. 169 "Sodomy Amendments" unsuccessfully in 2007. The bill would have amended the state sodomy law by repealing its unconstitutional parts. The bill failed without consideration. The law remains published in the Utah Code. After lobbying in 2011 by gay activist David Nelson, the Utah Department of Public Safety amended its administrative rule which restricted the issuance of the state concealed-firearm permit to individuals who were ever convicted of violating the state sodomy law. Recognition of same-sex relationships- Marriage: Same-sex marriage in Utah has been legal since October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. Same-sex marriage was also legal in Utah, from Dec. 20, 2013 to Jan 6, 2014. In response to the 1993 Baehr v. Miike court case on same-sex marriage in Hawaii, Utah Rep. Norm L. Nielsen, R-Utah, sponsored the bill H.B. 366 "Recognition of Marriages" successfully in 1995. The law prohibits state recognition of same-sex marriages which are performed in other states and nations. It was the first such law in the United States. Utah voters approved the ballot referendum Utah Constitutional Amendment 3 in 2004 that defines marriage as the legal union between a man and a woman and restricts unmarried domestic unions. The referendum was approved by a margin of 65.8 percent to 33.2 percent. On March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States District Court for the District of Utah seeking to declare Utah's prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The court heard arguments on December 4. The state argued that there was "nothing unusual" in enforcing policies that encourage "responsible procreation" and the "optimal mode of child-rearing". Plaintiffs' attorney contended that the policy is "based on prejudice and bias that is religiously grounded in this state". On December 20, 2013, District Judge Robert J. Shelby found the same-sex marriage ban unconstitutional and ordered the state to cease enforcing the ban. The U.S. Supreme court stayed the order of the District Court on January 6, 2014 pending the appeal of its decision to the Tenth Circuit. On June 25, 2014, the Tenth Circuit upheld the lower court ruling, a decision that sets a precedent for every state within the circuit. However, the Tenth Circuit stayed this ruling. The US Supreme Court refused the appeal from the state of Utah on October 6, 2014, requiring Utah to license and recognize same-sex marriages. Adoption and parenting: Utah Rep. Nora B. Stephens, R-Davis, sponsored the bill H.B. 103 Third Substitute "Amendments to Child Welfare" successfully in 1998. The law requires state agencies to give adoption priority to married couples and to prohibit adoptions by cohabitating unmarried couples. Openly lesbian Utah Rep. Jackie Biskupski, D-Salt Lake, spoke against the bill. A single person can adopt in Utah, except that by Utah law "a person who is cohabiting in a relationship that is not a legally valid and binding marriage." A single person not co-habiting can adopt. Utah law states that "a child may be adopted by adults who are legally married to each other in accordance with the laws of this state, including adoption by a stepparent." On December 20, 2013, same-sex marriage became legal in Utah; thus legalizing same-sex adoption for same-sex couples. However, The U.S. Supreme court stayed the order. On October 6, 2014, the Supreme Court refused to hear the case, and the hold was lifted. Utah capital Salt Lake City and its suburbs have 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.