Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 297 Second Substitute (2015GS)

Sponsor

Sen. Adams, J. S.

Final action

Governor Signed 3/20/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a county clerk, or a willing designee of the county clerk, to be available during business hours to solemnize a legal marriage;
• removes a requirement that a designee for solemnizing marriages be an office employee;
• creates a new chapter to establish certain religious protections;
• defines terms;
• requires that the chapter be broadly construed in favor of broad protection of religious beliefs, exercises, and conscience;
• addresses the scope of state and local governments' authority to enforce certain laws;
• provides protections for a religious official or organization that declines to solemnize or recognize for ecclesiastical purposes a marriage because of the official's or organization's religious beliefs;
• prohibits government from:
• removing a religious official's or organization's authority to solemnize a marriage based on religious beliefs;
• requiring a religious official or organization to provide services or accommodations for a marriage that is contrary to the official's or organization's religious beliefs;
• requiring a religious official or organization to promote marriage that is contrary to the official's or organization's religious beliefs; and
• retaliating against an individual, a religious official, or a religious organization for exercising protections contained in this legislation;
• prohibits government and a government officials from taking negative action against a licensee who holds a professional or business license based on the licensee's beliefs or the licensee's lawful expression of those beliefs in a nonprofessional setting;

Every vote on this bill

Bill text

PROTECTIONS FOR RELIGIOUS EXPRESSION AND
BELIEFS ABOUT MARRIAGE, FAMILY, OR SEXUALITY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: J. Stuart Adams
House Sponsor: 
LaVar Christensen
LONG TITLE
General Description:
This bill provides certain protections and remedies for individuals, religious officials,
religious organizations, and government officers and employees concerning the free
exercise of religion and religious or deeply held beliefs about marriage, family, and
sexuality.
Highlighted Provisions:
This bill:
▸ requires a county clerk, or a willing designee of the county clerk, to be available
during business hours to solemnize a legal marriage;
▸ removes a requirement that a designee for solemnizing marriages be an office
employee;
▸ creates a new chapter to establish certain religious protections;
▸ defines terms;
▸ requires that the chapter be broadly construed in favor of broad protection of
religious beliefs, exercises, and conscience;
▸ addresses the scope of state and local governments' authority to enforce certain
laws;
▸ provides protections for a religious official or organization that declines to
solemnize or recognize for ecclesiastical purposes a marriage because of the
official's or organization's religious beliefs;
▸ prohibits government from:
• removing a religious official's or organization's authority to solemnize a
marriage based on religious beliefs;
• requiring a religious official or organization to provide services or
accommodations for a marriage that is contrary to the official's or organization's
religious beliefs;
• requiring a religious official or organization to promote marriage that is contrary
to the official's or organization's religious beliefs; and
• retaliating against an individual, a religious official, or a religious organization
for exercising protections contained in this legislation;
▸ prohibits government and a government officials from taking negative action
against a licensee who holds a professional or business license based on the
licensee's beliefs or the licensee's lawful expression of those beliefs in a
nonprofessional setting;
▸ prohibits an individual from requiring a religious official or organization to provide
services or accommodations for a marriage that is contrary to the official's or
organization's religious beliefs;
▸ provides remedies for violations; and
▸ provides a severability clause and revisor instructions.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
17-20-4
, as last amended by Laws of Utah 2001, Chapter 241
30-1-6
, as last amended by Laws of Utah 2010, Chapter 132
ENACTS:
63G-20-101
, Utah Code Annotated 1953
63G-20-102
, Utah Code Annotated 1953
63G-20-103
, Utah Code Annotated 1953
63G-20-201
, Utah Code Annotated 1953
63G-20-202
, Utah Code Annotated 1953
63G-20-203
, Utah Code Annotated 1953
63G-20-204
, Utah Code Annotated 1953
63G-20-301
, Utah Code Annotated 1953
63G-20-302
, Utah Code Annotated 1953
63G-20-303
, Utah Code Annotated 1953
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-20-4
 is amended to read:
17-20-4.
Duties of county clerk.
A county clerk shall:
(1) 
establish policies to
 issue all marriage licenses and keep a register of marriages as
provided by law;
(2) establish policies to ensure that the county clerk, or a designee of the county clerk
who is willing, is available during business hours to solemnize a legal marriage for which a
marriage license has been issued;
[
(2)
] 
(3)
 execute under the clerk's seal and in the name of and for the county, all deeds
and conveyances of all real estate conveyed by the county;
[
(3)
] 
(4)
 take and certify acknowledgments and administer oaths;
[
(4)
] 
(5)
 keep a fee book as provided by law; and
[
(5)
] 
(6)
 take charge of and safely keep the seal of the county, and keep other records
and perform other duties as may be prescribed by law.
Section 2. Section 
30-1-6
 is amended to read:
30-1-6.
Who may solemnize marriages -- Certificate.
[
(1) Marriages may be solemnized by the following persons only:
]
(1) Except for a county clerk, or a county clerk's designee, as provided below, the
following persons may solemnize a marriage at that person's discretion:
(a) ministers, rabbis, or priests of any religious denomination who are:
(i) in regular communion with any religious society; and
(ii) 18 years of age or older;
(b) Native American spiritual advisors;
(c) the governor;
(d) the lieutenant governor;
(e) mayors of municipalities or county executives;
(f) a justice, judge, or commissioner of a court of record;
(g) a judge of a court not of record of the state;
(h) judges or magistrates of the United States;
(i) the county clerk of any county in the state[
, if the clerk chooses to solemnize
marriages
] 
or the county clerk's designee as authorized by Section 
17-20-4
;
(j) the president of the Senate;
(k) the speaker of the House of Representatives; or
(l) a judge or magistrate who holds office in Utah when retired, under rules set by the
Supreme Court.
(2) A person authorized under Subsection (1) who solemnizes a marriage shall give to
the couple married a certificate of marriage that shows the:
(a) name of the county from which the license is issued; and
(b) date of the license's issuance.
(3) As used in this section:
(a) "Judge or magistrate of the United States" means:
(i) a justice of the United States Supreme Court;
(ii) a judge of a court of appeals;
(iii) a judge of a district court;
(iv) a judge of any court created by an act of Congress the judges of which are entitled
to hold office during good behavior;
(v) a judge of a bankruptcy court;
(vi) a judge of a tax court; or
(vii) a United States magistrate.
(b) (i) "Native American spiritual advisor" means a person who:
(A) [
(I)
] leads, instructs, or facilitates a Native American religious ceremony or
service[
;
] or [
(II)
] provides religious counseling; and
(B) is recognized as a spiritual advisor by a federally recognized Native American
tribe.
(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
person, traditional religious practitioner, or holy man or woman.
(4) [
Notwithstanding
] 
Except as provided in Section 
17-20-4
, and notwithstanding
 any
other provision in law, no person authorized under Subsection (1) to solemnize a marriage may
delegate or deputize another person to perform the function of solemnizing a marriage[
, except
that only employees of the office responsible for the issuance of marriage licenses may be
deputized
].
Section 3. Section 
63G-20-101
 is enacted to read:
CHAPTER 20. RELIGIOUS PROTECTIONS IN RELATION TO MARRIAGE,
FAMILY, OR SEXUALITY
Part 1. General Provisions
 63G-20-101.
Title.
This chapter is known as "Religious Protections in Relation to Marriage, Family, or
Sexuality."
Section 4. Section 
63G-20-102
 is enacted to read:
 63G-20-102.
Definitions.
As used in this chapter:
(1) "Government retaliation" means an action by a state or local government or an
action by a state or local government official that:
(a) is taken in response to a person's exercise of a protection contained in Section
17-20-4
, 
63G-20-201
, or 
63G-20-301
; and
(b) (i) imposes a formal penalty on, fines, disciplines, discriminates against, denies the
rights of, denies benefits to, or denies tax-exempt status to a person; or
(ii) subjects a person to an injunction or to an administrative claim or proceeding.
(2) (a) "Religious official" means an officer or official of a religion, when acting as
such.
(b) "Religious official" includes an individual designated by the religion as clergy,
minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is
acting as such.
(3) "Religious organization" means:
(a) a religious organization, association, educational institution, or society;
(b) a religious corporation sole; or
(c) any corporation or association constituting a wholly owned subsidiary, affiliate, or
agency of any religious organization, association, educational institution, society, or religious
corporation sole.
(4) "Sexuality" includes legal sexual conduct, legal sexual expression, sexual desires,
and the status of a person as male or female.
(5) "State or local government" means:
(a) a state government entity, agency, or instrumentality; or
(b) a local government entity, agency, or instrumentality.
(6) "State or local government official" means an officer, employee, or appointee of a
state or local government.
Section 5. Section 
63G-20-103
 is enacted to read:
 63G-20-103.
Interpretation.
(1) Utah state courts and courts of the United States shall broadly construe this chapter
in favor of a broad protection of religious beliefs, exercises, and conscience to the maximum
extent permitted by the terms of this chapter and the Utah and United States constitutions.
(2) Nothing in this chapter may be construed to limit:
(a) the authority of a state or local government or a state or local government official to
protect the health, safety, or property of Utah residents through lawful means;
(b) the application of Utah's criminal laws;
(c) the application of Utah's laws barring discrimination in employment or housing; or
(d) the application of Utah's laws barring discrimination in public accommodations,
subject to Section 
63G-20-201
.
Section 6. Section 
63G-20-201
 is enacted to read:
Part 2. Government Entities Prohibited from Certain Burdens on Religious Beliefs
 63G-20-201.
Provisions governing solemnizing or recognizing a marriage --
Prohibition against employment actions.
Notwithstanding any other provision of law, a state or local government or a state or
local government official may not:
(1) require a religious official, when acting as such, or religious organization to
solemnize or recognize for ecclesiastical purposes a marriage that is contrary to that religious
official's or religious organization's religious beliefs;
(2) if the religious official or religious organization is authorized to solemnize a
marriage by Section 
30-1-6
, deny a religious official, when acting as such, or religious
organization the authority to legally solemnize a legal marriage based on the religious official's
or religious organization's refusal to solemnize any legal marriage that is contrary to the
religious official's or religious organization's religious beliefs;
(3) require a religious official, when acting as such, or religious organization to provide
goods, accommodations, advantages, privileges, services, facilities, or grounds for activities
connected with the solemnization or celebration of a marriage that is contrary to that religious
official's or religious organization's religious beliefs; or
(4) require a religious official, when acting as such, or religious organization to
promote marriage through religious programs, counseling, courses, or retreats in a way that is
contrary to that religious official's or religious organization's religious beliefs.
Section 7. Section 
63G-20-202
 is enacted to read:
 63G-20-202.
Prohibition on government retaliation.
Notwithstanding any other law, a state or local government or a state or local
government official may not engage in government retaliation against an individual, a religious
official when acting as such, or a religious organization for exercising the protections contained
in Section 
17-20-4
, 
63G-20-201
, or 
63G-20-301
.
Section 8. Section 
63G-20-203
 is enacted to read:
 63G-20-203.
Prohibition on licensing disadvantages based on beliefs.
Notwithstanding any other law, a state or local government, a state or local government
official, or another accrediting, certifying, or licensing body may not:
(1) deny, revoke, or suspend a licensee's professional or business license based on that
licensee's beliefs or the licensee's lawful expressions of those beliefs in a nonprofessional
setting, including the licensee's religious beliefs regarding marriage, family, or sexuality; or
(2) penalize, discipline, censure, disadvantage, discriminate against, or retaliate against
a licensee who holds a professional or business license based on that licensee's beliefs or lawful
expressions of those beliefs in a nonprofessional setting, including the licensee's religious
beliefs regarding marriage, family, or sexuality.
Section 9. Section 
63G-20-204
 is enacted to read:
 63G-20-204.
Remedies -- Attorney fees and costs.
(1) (a) A person aggrieved by a violation of this part may:
(i) seek injunctive or other civil relief to require a state or local government or a state
or local government official to comply with the requirements of this part; or
(ii) seek removal of the local government official for malfeasance in office according
to the procedures and requirements of Title 77, Chapter 6, Removal by Judicial Proceedings.
(b) The court may award reasonable attorney fees and costs to the prevailing party.
(2) (a) A person aggrieved by a violation of this part may bring a civil action in district
court.
(b) If the plaintiff establishes one or more violations of this part by a preponderance of
the evidence, the court:
(i) shall grant the plaintiff appropriate legal or equitable relief; and
(ii) may award reasonable attorney fees and costs to the prevailing party.
Section 10. Section 
63G-20-301
 is enacted to read:
Part 3. Prohibitions on Certain Burdens on a Religious Official's or Religious
Organization's Religious Beliefs about Marriage, Family, or Sexuality
 63G-20-301.
Prohibitions relating to refusing to solemnize a marriage.
Notwithstanding any other provision of law, an individual may not require a religious
official, when acting as such, or religious organization to provide goods, accommodations,
advantages, privileges, services, facilities, or grounds for activities connected with the
solemnization or celebration of a marriage that is contrary to that religious official's or religious
organization's religious beliefs about marriage, family, or sexuality.
Section 11. Section 
63G-20-302
 is enacted to read:
 63G-20-302.
Remedies -- Civil action -- Attorney fees and costs.
(1) A person aggrieved by a violation of this part may bring a civil action in district
court.
(2) If the plaintiff establishes one or more violations of this part by a preponderance of
the evidence, the court:
(a) shall grant the plaintiff appropriate legal or equitable relief; and
(b) may award reasonable attorney fees and costs to the prevailing party.
Section 12. Section 
63G-20-303
 is enacted to read:
 63G-20-303.
Severability clause.
If any provision of this bill or its application to any person or circumstance is found to
be unconstitutional, or in conflict with or superseded by federal law, the remainder of the bill
and the application of the provision to other persons or circumstances is not affected by the
finding.
Section 13. 
Revisor instructions.
It is the intent of the Legislature that, in preparing the Utah Code database for
publication, the Office of Legislative Research and General Counsel shall replace the phrases
"this bill" and "the bill" in Section 
63G-20-303
 with the bill's designated chapter number in the
Laws of Utah.