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SALT LAKE CITY — Gov. Spencer Cox signed a pair of the 2024 Utah Legislature's most controversial bills Tuesday night, just two weeks into the session.
The move effectively ends diversity, equity and inclusion programs in state-owned schools, and bans transgender people from accessing restrooms that differ from their biological sex, except in certain circumstances, in state-owned buildings.
"We want public facilities that are safe and accommodating for everyone and this bill increases privacy protections for all," Cox said in a statement, explaining his reason for signing HB257.
The bill requires more unisex and single-stall facilities to be created in public buildings and only allows transgender people to use gender-specific bathrooms if they have undergone transgender-related surgery and changed their birth certificate to match their gender identity.
Transgender bathroom bill
Supporters of the bill have pleaded for increased privacy for women in restrooms, but critics have said a policy should focus on behavior, not on the gender identity of a person, and that it further stigmatizes transgender people.
The Legislature on Friday approved the bill after discussions between representatives and senators to resolve points of contention. Sponsor Rep. Kera Birkeland, R-Morgan, said the bill's final version makes it "extremely clear" that students cannot be charged simply for using a restroom that doesn't align with their sex designation at birth.
"We never wanted any child to be given a criminal record just for being in a restroom," Birkeland said.
The bill includes a provision that indemnifies government entities in the event they face lawsuits due to enforcing the law. The state would cover court costs.
Cox had signaled support for the bill — without directly promising to sign it — saying soon before the session began that he's concerned with protecting "women's spaces" while treating LGBTQ people "with dignity."
The Senate Minority Caucus in a statement Tuesday night expressed "profound disappointment" at the bills' signing. HB275, the caucus said, "unfairly targets transgender individuals by restricting their access to restrooms and changing rooms that align with their gender identity."
The caucus called the bill "discriminatory" and "a step backward in our ongoing fight for equality and acceptance of all." The group also questioned the bill's constitutionality and warned of potential legal challenges resulting in "irresponsible" use of state funding.
Diversity, equity and inclusion measure
Meanwhile, supporters of HB261, which would end most state-sponsored diversity, equity and inclusion programs in their current form, have said they want to create opportunities for all who need assistance, regardless of factors such as race.
HB261 would expand such initiatives to all students, not just Black students and others from marginalized groups, the traditional focuses. It would also prohibit universities and other public entities from requiring "diversity statements" of job applicants and aim to foster "academic freedom" on college campuses. The measure would apply to K-12 schools and other publicly funded entities.
"There is more work to be done. And it's up to all of us, and all of the people in our communities as we move forward, to treat each other with kindness and reach out to people in our communities and lift them up," bill sponsor Rep. Katy Hall, R-South Ogden, said in a hearing on the bill last week ahead of its passage.
Cox said in his statement the bill "offers a balanced solution" to concerns about diversity, equity and inclusion programs.
"I'm grateful to the Legislature for not following the lead of other states that simply eliminated (diversity, equity and inclusion) funding with no alternative path for students who may be struggling. Instead, this funding will be repurposed to help all Utah students succeed regardless of their background," he said.
He added that Utah is "stronger because of our diversity" and emphasized his commitment to "keeping our state a place where everyone can thrive" and promised that his administration "will continue" to "expand opportunities for all Utahns."
Critics of the bill worry students of color and others who have traditionally benefited from diversity, equity and inclusion initiatives could lose out.
Salt Lake City Mayor Erin Mendenhall seemingly took aim at state efforts against diversity, equity and inclusion during her State of the City address Tuesday evening, about an hour after Cox signed HB261.
She recognized her office's equity and inclusion team during her speech, adding that the city uses the efforts to handle solutions to "past and present" systemic barriers that "disproportionately" impact marginalized communities.
"Salt Lake City's commitment to building a more equitable future remains steadfast, despite outside attempts to undermine the city's efforts," she said. "We know we are stronger because of our diversity and because we aim to create a more equitable and accessible future. We will always choose to champion opportunities that lift our diverse voices in this city. This city chooses bridges not barriers. We choose inclusion and not isolation."
Senate Democrats, in their statement, decried "erasing the progress we have made in building a more inclusive society" with the passage of HB261.
"(Diversity, equity and inclusion) programs are essential for fostering knowledge, understanding, empathy, and respect among our diverse population," the caucus said.
Former 4th Congressional District candidate Darlene McDonald — who runs nonprofit 1 Utah Project — pointed to the Utah Compact on Racial Equity, Diversity and Inclusion signed by then-Gov. Gary Herbert and Cox, who was lieutenant governor at the time, in December 2020.
"The compact represented a 'first step' toward addressing systemic racism by recognizing it as a structural issue, not an individual one. Tonight, just a little more than three years later, Utah joined a number of conservative red states to ban diversity, equity and inclusion programs from institutions of higher learning as well as political subdivisions," she said in the prepared statement on behalf of the 1 Utah Project.
She contends that Cox is putting "politics ahead of student success," and said she questions its constitutionality and plans to discuss it with stakeholders.
Contributing: Carter Williams
