Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 390 (2025GS)

Sponsor

Rep. Lisonbee, Karianne

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• adds protections for student organizations;
• establishes definitions for protected activities and benefits;
• modifies institutional duties regarding student organization rights;
• amends provisions on free expression policies; and
• makes technical changes.

Every vote on this bill

Bill text

9
53B-27-202
53B-27-203.5
53B-27-204
53B-27-501
53B-27-202
53B-27-203.5
53B-27-204
53B-27-501
0
Religious Expression in Higher Education
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill protects student organizations' rights on a higher education campus.
Highlighted Provisions:
This bill:
adds protections for student organizations;
establishes definitions for protected activities and benefits;
modifies institutional duties regarding student organization rights;
amends provisions on free expression policies; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-27-202
, as enacted by Laws of Utah 2017, Chapter 440
53B-27-204
, as enacted by Laws of Utah 2017, Chapter 440
53B-27-501
, as enacted by Laws of Utah 2021, Chapter 125
ENACTS:
53B-27-203.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-27-202
 is amended to read:
53B-27-202
. Definitions.
As used in this part
, "expressive
:
(1)
"Benefit" means:
(a)
recognition by an institution;
(b)
registration by an institution;
(c)
the use of an institution's facility for meeting or speaking purposes;
(d)
the use of communication channels; or
(e)
funding sources that are otherwise available to other student organizations at an 
institution.
(2)
"Expressive
 activity" 
means an activity that 
includes:
(1)
(a)
peacefully assembling, protesting, or speaking;
(2)
(b)
distributing literature;
(3)
(c)
carrying a sign; 
or
(4)
(d)
circulating a petition
.
; or
(e)
otherwise participating in speech or conduct protected by:
(i)
the First Amendment to the United States Constitution; or
(ii)
Utah Constitution, Article I, Sections 4 and 15.
(3)
 "Student organization" means a student organized group that is:
(a)
officially recognized, or seeking official recognition, by an institution as a student 
club; and
(b)
comprised of students that receive, or are seeking to receive, benefits available to 
student clubs from the institution.
Section 2, Section 
53B-27-203.5
 is enacted to read:
53B-27-203.5
. Religious, political, and ideological student organizations -- 
Protection from discrimination.
An institution may not deny any benefit or privilege that is available to any student 
organization, or discriminate against, a religious, political, or ideological student organization:
(1)
because such student organization is religious, political, or ideological;
(2)
on the basis of protected expressive activity engaged in by the student organization or 
the student organization's members; or
(3)
based on a requirement that a leader of the student organization:
(a)
affirm or adhere to the sincerely held beliefs of the student organization;
(b)
comply with a standard of conduct the student organization establishes; or
(c)
further the mission, purpose, or standards of conduct of the student organization, as 
these are defined by the student organization.
Section 3, Section 
53B-27-204
 is amended to read:
53B-27-204
. Cause of action.
(1)
The following persons may bring an action in a state court of competent jurisdiction to 
enjoin a violation of this part or to recover compensatory damages, reasonable court 
costs, or reasonable attorney fees:
(a)
the attorney general; or
(b)
a person claiming that the person's 
expressive 
rights, as described in this part, were 
violated.
(2)
In an action brought under this part, if the court finds a violation of this part, the court:
(a)
shall enjoin the violation;
(b)
shall, if a person whose 
expressive 
rights
, as described in this part,
 were violated 
brought the action, award the person:
(i)
at least $500 for an initial violation; and
(ii)
if the person notifies the institution of the violation, $50 for each day the violation 
continues after the notification; and
(c)
may award a prevailing plaintiff:
(i)
compensatory damages;
(ii)
reasonable court costs; or
(iii)
reasonable attorney fees.
(3)
Notwithstanding 
Title 63G, Chapter 7, Governmental Immunity Act of Utah
, an 
institution that violates this part is not immune from suit or liability for the violation.
Section 4, Section 
53B-27-501
 is amended to read:
53B-27-501
. Free expression policies.
(1)
As used in this section, "free expression policy" means an institution's policy, 
regulation, or other expectation related to student expression.
(2)
An institution shall:
(a)
publish the institution's free expression policies:
(i)
in the institution's student handbook; and
(ii)
on the institution's website;
(b)
include information about the institution's free expression policies in an orientation 
program for students enrolled in the institution; and
(c)
develop a program, procedures, and materials to ensure that an individual who has 
responsibility for the discipline or education of a student at the institution 
understands the institution's free expression policies.
(3)
An individual described in Subsection 
(2)(c)
 includes an institution:
(a)
administrator;
(b)
campus police officer;
(c)
residence life official; and
(d)
faculty member.
(4)
An institution shall ensure that a free expression policy is consistent with the provisions 
of this chapter
.
 and ensure the policy is:
(a)
viewpoint-neutral in text and application; and
(b)
respects a student organization's rights, as described in this part.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 12:54 PM