- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in Utah appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
History
Homosexual activity in Utah is legal.
Current status
Since Jun 26, 2003
Legal
The SCOTUS ruling Lawrence v. Texas decriminalised gay sex nationwide. In 2019, Utah repealed its defunct sodomy provisions from its state constitution.
Until Jun 26, 2003
Illegal (up to life in prison as punishment)
Federally struck down, but still on the books.
Same-sex marriage in Utah is legal.
Current status
Since Oct 6, 2014
Legal
Supreme Court dismisses the appeal, making same-sex marriage legal.
Ambiguous
US Supreme Court puts Utah gay marriage on hold, pending an appeal from the state.
Right to change legal gender in Utah is legal, no restrictions.
Current status
Since Oct 2, 2017
Legal, no restrictions
under state and federal law. Non binary options pending.
Gender-affirming care in Utah is legal, but banned for minors.
Current status
Since Jan 1, 2023
Legal, but banned for minors
Adults are still able to get gender affirming care under Utah law, Minors are unable to get gender affirming care under HB0316. Incarcerated transgender people will be placed in their biological sexes holding cells. Example being a transgender male to get incarcerated then he would go to the females holding cells due to his biological sex. Under SB16, inmates are forced to go to their gender assigned at birth cells.
Legal recognition of non-binary gender in Utah is recognized.
Current status
Recognized
In the state of Utah people can get a gender X marker on your permit/driving license, it just has to reflect your birth certificate. People need a court document as well as of 2024.
LGBT discrimination in Utah is illegal in some contexts.
Current status
Since Mar 12, 2015
Illegal in some contexts
Discrimination on grounds of housing and employment is prohibited for both sexual orientations and gender identities
Until Mar 12, 2015
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
LGBT employment discrimination in Utah is sexual orientation and gender identity.
Current status
Since Mar 12, 2015
Sexual orientation and gender identity
Anti discrimination bill in housing and employment for sexual orientations and gender identities passes and becomes law
LGBT housing discrimination in Utah is sexual orientation and gender identity.
Current status
Since Mar 12, 2015
Sexual orientation and gender identity
LGBT Anti discrimination bill in housing and employment passes and becomes law
Until Mar 12, 2015
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Utah is legal.
Current status
Since Oct 6, 2014
Legal
Same sex marriage became legal, effectively overturning the same sex couple adoption
Illegal
Utah Code Ann. § 78B-6-117(3): Adoption may not be permitted to individuals who are not entered into a legal marriage in a cohabitation situation. This applies to foster parenting as well (§ 62A-4a-602).
Second parent adoption is outlawed as well for same-sex couples.(§ 62A-4a-60)
Second parent adoption is outlawed as well for same-sex couples.(§ 62A-4a-60)
Intersex infant surgery in Utah is not banned.
Current status
Not banned
No US state has enacted a ban on surgeries that attempt to change an intersex minors sex without their consent.
Serving openly in military in Utah is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Utah is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Equal age of consent in Utah is equal.
Current status
Equal
Age of consent laws are equitable regardless of gender or sexual orientation.
United States Equality Rank
#170
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