Utah
State lawmakers are about to put the new Utah Constitutional Sovereignty Act to the test
The state House of Representatives debated then voted overwhelmingly in favor of two resolutions that authorize educators to enforce state law over new Title IX regulations, as more than 100 protesters chanted in favor of transgender rights in the rotunda of the Utah State Capitol on Wednesday.
The bills were also overwhelmingly approved by the Utah Senate. Votes were cast largely along partisan lines.
Convening in a special session, Utah lawmakers passed HCR301, sponsored by Rep. Kera Birkeland, R-Morgan, which will “prohibit a government officer from enforcing or assisting in the enforcement of the new regulations promulgated under Title IX.”
Earlier this year, Birkeland sponsored HB257 during the Legislature’s General Session. It requires K-12 students to use public school restrooms that match their sex designated at birth, restricting transgender access to “privacy spaces” in public schools and other publicly-owned buildings.
They also passed companion legislation, HJR301, sponsored by Rep. Neil Walter, R-St. George, which declares “Utah has the sovereign authority with rights and responsibilities to safeguard Utah’s men, women and children.”
The resolution states that the new Title IX regulations constitute “an overreach of federal administrative authority that violates Utah’s rights and interests to provide for the health, safety, welfare of, and to promote the prosperity of, Utah residents.”
The federal Department of Education’s new Title IX rules, set to take effect on Aug. 1, change the definition of sex discrimination to include gender identity and sexual orientation.
The new rules also broaden the definition of sexual harassment and stipulate that colleges and universities are no longer required to hold live hearings to allow students to cross-examine each other. Universities can still hold live hearings if they choose to but students will have the option to participate remotely and stop questions they find “unclear or harassing.”
According to leaders of the Utah State Board of Education, K-12 Utah educators have been asking for guidance on how to comply with the federal guidelines given conflicts between the regulations and state law. The board urged lawmakers to invoke the Utah Constitutional Sovereignty Act, which prohibits enforcement of a federal directive by “government officers” if the Legislature determines it “violates the principles of state sovereignty.”
Declining to enforce the federal rule could put federal education funding in jeopardy. In a gathering with reporters prior to the start of the special session, House Speaker Mike Schultz, R-Hooper, said the federal government provides about 10% of what Utah spends annually on education.
Much of that funding supports programs that serve some of the state’s most disadvantaged children, including Title I programs, school nutrition programs and special education.
Schultz said the state has sufficient funding in reserves to make up the difference if the federal government pulled Utah’s funding.
Utah is willing to sacrifice the funding to stand by its principles, he said.
“We’re on pretty solid legal ground,” Schultz said, noting recent federal district court rulings in Kentucky and Louisiana that have temporarily blocked the new Title IX rule from taking effect, with one judge describing the rule as an “abuse of power” by the Biden administration.
Utah has joined three other Republican-led states and four private entities in a lawsuit that challenges the U.S. Department of Education’s new Title IX rule as well.
“State’s rights means something and the overreach from the Biden administration and the federal government has gotten out of control. Federalism is the way forward,” Schultz said.
University of Utah law professor Cliff Rosky, however, said he believes the underpinning of the resolutions passed by lawmakers, the Utah Constitutional Sovereignty Act, “is unconstitutional. He said it violates the Supremacy Clause of the United States Constitution, which declares federal law, the “supreme law of the land.”
Senate President J. Stuart Adams, R-Layton, said Utah had dealt with the issue of transgender rights “better than any other state. You’ve seen states actually ban transgender sports. We put together a commission. There’s not another state in the nation that’s put together the commission to deal with transgender sports. We’ve led the nation. People shouldn’t be protesting. They should be celebrating what we’ve done,” he said.
The votes on the resolutions were split between Republicans and Democrats, with supporters applauding the move to back states rights and opponents expressing concern about the impact of the votes on transgender youth.
“We don’t need to pit one vulnerable population against another. Transgender kids are not an enemy. They’re not a threat to women. They are kids” struggling to live their lives “and the odds are against them. We should not be the ones making it harder for them,” said Rep. Sahara Hayes, D-Millcreek.
In Senate debate, Sen. Curt Bramble, R-Provo, said by passing the resolutions and previous legislation, “we’ve pounded a stake in the ground and said on these issues, Utah will stand firm and protect women. We’ve passed several bills to that regard and to the extent that the federal government is trying through inappropriate overreach to subvert those laws, we rely on SB57 that we passed. We rely on these resolutions. We say, ‘Not on our watch.’”
Sen. Jen Plumb, D-Salt Lake City, said she has been “unable to figure out if there is a right way to implement (previously passed) policy that is wrong. To me this feels wrong. It doesn’t feel right. It just feels like targeting. This feels politicized and truly it feels like we are really doubling down on hate for an already very marginalized, sometimes unloved-feeling section of our population.”
Sen. Dan Thatcher, R-West Valley City, said the Legislature’s action “very seriously places in jeopardy the $696 million that the federal government provides for nutrition programs, for Title I, for career and technical education, and especially for special ed. So while I do believe we have the authority to do this, and while I do believe that they do not have constitutional leverage … I do believe that that the lack of constitutional leverage will compel them to threaten funding. That’s the biggest thing that I’m worried about. I think this has huge risk.”
HJR301 states that the Education Department “has corrupted the mission of Title IX,” which is to promote women’s and girls sports and protect women and girls from discrimination in education and sports.
Moreover, the new regulations “harm students on college and university campuses by dictating the manner in which a student speaks and expresses opinions or thoughts, altering college and university anti-harassment processes and procedures, and interfering with a student’s due process rights.”
The resolution also states that the rule requires government support of abortion services “in direct conflict with the abortion ‘neutrality’ provisions adopted by Congress” and usurping Utah’s state laws on abortion.
According to the Education Department’s Office of Civil Rights, schools must not discriminate against any student, or exclude any student from their education program or activity, including any class or extracurricular activity, “based on a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.” Discrimination against a school employee based on these conditions is likewise prohibited.
According to the Education Department’s Office of Civil Rights, schools must not discriminate against any student, or exclude any student from their education program or activity, including any class or extracurricular activity, “based on a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.” Discrimination against a school employee based on these conditions is likewise prohibited.
HJR301 also states that the Utah Legislature “finds that the new regulations disadvantage women and girls who participate in women’s and girl’s sports by requiring that they compete against biological males.”
The Education Department has stated the final regulations do not include new rules governing eligibility criteria for athletic teams.
A statement by Equality Utah said the state would invariably “embark on costly and time-consuming litigation, all so that the state can continue to police bathroom usage by children. It is high time that Utah starts focusing its resources on helping our children achieve success rather than using them as pawns to score political points.”
Other education bills passed by lawmakers
Utah lawmakers also passed HB3001, which clarifies Utah law by allowing foreign exchange students to participate in the Statewide Online Education Program.
The bill’s sponsor, Rep. Candice Pierucci, R-Riverton, said without changes to the law some 200 students would be unable to complete their high school graduation requirements.
Under current law, the custodial parent of a student enrolled in a private or home school and taking an SOEP course must be a resident of Utah. HB3001 expands participation in the program by allowing foreign exchange students enrolled in a private school, whose custodial parent lives outside of Utah, to participate.
In other action, the Utah Legislature passed HB3003 to clarify the process for splitting a school district as communities in the Alpine School District, the largest district statewide with more than 87,000 students, contemplate a split.
Rep. Brady Brammer, R-Pleasant Grove, the bill’s sponsor, said the intent of the legislation was to avoid a “messy ballot” and a “messy outcome” if various options to split the district appear on ballots and more than one passes.
The bill eliminates the option for a local school board to initiate the process to create a new school district. It also creates a withdrawal process should voters approve a split and clarifies terms of school board members and other provisions.
SALT LAKE CITY — The Environmental Protection Agency awarded Utah and Salt Lake County a total of $3.5 million in grants to assess potentially polluted properties for eventual cleanup and redevelopment.
The agency announced a $2 million grant to Utah’s Department of Environmental Quality and $1.5 million to Salt Lake County to conduct environmental assessments and inventory brownfield sites for cleanup. Brownfields are sites that may be difficult to redevelop or expand because of “the presence or potential presence of a hazardous substance, pollutant or contaminant,” according to the agency.
“These brownfields grants will help Utah communities clean up contaminated sites and unlock opportunities for redevelopment and investment,” EPA Regional Administrator Cyrus Western said in a news release announcing the grants earlier this week. “By transforming underused properties into community assets, EPA is helping create healthier neighborhoods and stronger local economies.”
The two grants awarded to Utah and Salt Lake County are among more than $248 million awarded to nearly 200 communities nationwide for brownfield assessment and cleanup. Utah’s Department of Environmental Quality plans to focus the resources on several areas in Ogden, Heber City and Fillmore, among others, according to Bill Rees, who leads Utah’s brownfield cleanup program.
“What we do is work to secure the funding and then begin to reach out to our communities across the state, say, ‘Listen, there’s opportunity to do some assessment work in your community if you’re interested,’ and then work with our rural partners, work with our urban partners to see if there are sites that will fit that bill,” he told KSL.
The state has received similar grants in the past, and Rees said the money can help local governments determine what to do with ailing properties such as old schools, hospitals or private property that have gone to waste.
“Is there asbestos in it, or is there hazardous material in it? Or could there be something that’s impacting the soil or the groundwater, and a policymaker needs to make a decision?” asked Rees. “Knowledge allows you to make good decisions.”
The $1.5 million awarded to Salt Lake County is the largest brownfields assessment grant the county has ever received, according to a county press release.
“This grant is a real win for our communities,” said Mayor Jenny Wilson. “This funding will let us do vital environmental work on a larger scale and in more neighborhoods. It reflects exactly the kind of partnership between local and federal government that gets results for residents.”
The county grant funds will be used to help create cleanup plans in three areas, including a vehicle storage yard in Salt Lake City’s Ballpark Neighborhood, a 4.26-acre vacant lot in Millcreek and a small commercial building in Magna that was damaged during an earthquake in March 2020, according to the EPA.
Contributing: Don Brinkherhoff
The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.
The National Weather Service in Salt Lake City issued red flag warning Friday morning as emergency workers continued to battle one of the state’s largest wildfires in its history.
The red flag warning, issued when critical fire warnings are occurring or imminent, was to be in place through midnight Saturday.
“This is the FIRST Particularly Dangerous Situation Red Flag Warning issued in NWS Salt Lake City history. This is an exceptionally rare event,” the federal agency said in its warning.
A map of the area under the warning covered much of central and southwest Utah, with an area of the southwest, central and southern mountains also outlined as “particularly dangerous red flag.”
The particularly dangerous area includes the Cottonwood Fire, near the town of Beaver, which started Monday and had grown to covering almost nearly 71,000 acres by Thursday, 15 News reported. The fire forced evacuations.
The NWS warned that gusty winds and dry conditions would lead to rapid fire growth.
Utah also was dealing with the Iron Fire, which started June 19, and nearly destroyed the town of Eureka. The fire was about 27% contained Friday morning.
The fire danger led Utah Gov. Spencer Cox to issue executive order restricting fireworks statewide during the July 4 holiday, which marks the nation’s 250th birthday this year. The ban is in effect through July 5.
“Nothing about this decision was easy,” Cox said in a statement issued by his office Thursday.
“This is unlike anything we’ve seen in recent memory. We’re seeing fires spread farther and faster under conditions that defy historical expectations” Jamie Barnes, Utah state forester and director of the Utah Division of Forestry, Fire and State Lands, added in the statement.
Cox allowed cities and local communities to set aside areas where fireworks could be safely used. The city of Provo announced it would enforce a citywide prohibition on fireworks and would not designate a safe area for fireworks.
“This year is different,” Provo Mayor Marsha Judkins said in a statement. “The wildfire danger facing our community is real, and protecting lives, homes, and our natural spaces must come first.”
SALT LAKE CITY (KUTV) — Earlier this month, 2News Investigates brought you a former inmate’s federal lawsuit alleging Utah Department of Corrections leaders failed to address reports of alleged sexual assault by correctional officers. Now, 2News Investigates examines another key claim in that lawsuit.
MORE: Federal lawsuit alleges Utah prison leaders covered up guards’ sexual assaults on inmates
The lawsuit alleges a mass cross-gender strip-search operation – women being viewed by men was intended to further silence female inmates.
Federal law generally prohibits cross-gender strip searches of female inmates except during emergencies or when conducted by medical personnel. UDC says that during body-search procedures, male correctional officers are not allowed in the immediate area and inmate privacy is maintained. Former inmates say that couldn’t be further from the truth.
Three former inmates agreed to speak with 2News Investigates but asked that their identities not be revealed.
“It was very traumatic.”
According to the lawsuit, on May 13, 2025, UDC carried out a large-scale operation known as a “reset” in women’s housing units at the Utah State Correctional Facility (USCF) in Salt Lake City.
Wendy: “They call it a reset. What do you call it?”
“A violation.”
“It’s like a rape.”
The lawsuit alleges UDC Deputy Warden Derick Zorn and Warden Sharon D’Amico directed the operation, along with more than a dozen members of the Critical Incident Response Team, or CIRT.
According to the plaintiffs, officers stormed dormitories, shouted profanities, and issued conflicting commands.
The women say and the lawsuit states they were ordered to pack their belongings into totes and change into state-issued uniforms in front of male CIRT officers. They were then marched to the Emerald Building for processing.
“It felt almost like we were at a concentration camp.”
The lawsuit alleges the women were required to undergo body scans and then strip completely naked. Plaintiffs claim they were ordered to lift their breasts, spread their buttocks, and cough while visible to male staff.
Women who were menstruating allegedly were instructed to remove menstrual products in full view of others.
“Just use one hand to remove it. Hold it up in front of you.”
“I felt really small and worthless.”
The lawsuit alleges some women were forced to hold soiled menstrual pads while performing physical maneuvers.
“I just did what I was told. I just wanted to get it over with.”
The plaintiffs also claim they were required to sit on toilets or squat to provide urine samples while completely naked and visible to male officers.
“It was humiliating. It was degrading.”
The lawsuit further alleges cell doors were left open, exposing naked women to other inmates and male staff.
An overhead observation booth with reflective glass overlooked the strip-search area. Plaintiffs say they observed movement inside and believed they were being watched from above.
The lawsuit alleges the female inmates were being watched from above during a mass strip search on May 13, 2025
“I could see in the overhead, the two-way mirror. There were multiple men walking around up there who had direct vision inside those cells.”
The lawsuit alleges Captain Jared Beers and Lieutenant Matthew Coombs were inside the booth and that Deputy Warden Derick Zorn observed women in various states of undress.
“I made eye contact with Officer Arroyo, and I also saw Deputy Zorn.”
“I knew if I could see the male officers, they could see me.”
One former inmate described the experience as state-sanctioned sexual violence.
“When that happens, and you’ve gone through the same kind of thing as a child, it’s very traumatic.”
The lawsuit alleges Warden D’Amico knew male officers were viewing naked female inmates and “ratified, condoned, and failed to stop it.”
An allegation in the lawsuit filed on May 15, 2026
“You’re pretty much a hostage.”
UDC Executive Director Jared Garcia declined repeated requests for an on-camera interview. A letter sent said:
“During the body search process in female living areas, male correctional officers are not allowed in the immediate area, and privacy is maintained. In general, resets are conducted routinely, according to UDC policy and under strict protocols designed to ensure safety while also preserving the privacy and dignity of incarcerated individuals.”
“The manner matters.”
Walter Mason represents the plaintiffs.
He told 2News Investigates, “The law protects inmates from being exposed to members of the opposite sex viewing their naked bodies unless there’s an emergency. Unless there’s what the law calls an exigent circumstance, the prison can take necessary actions to protect safety. There was no emergency. There was no exigency.”
UDC says the reset involved approximately 150 trained staff members and was conducted according to department policy.
UDC’s letter goes on to say:
“Every effort was made to treat belongings with care and document confiscated items appropriately. UDC stands by our methods and policies, which are intended to maintain the highest standards of integrity, safety, and efficiency during the reset process.”
Written response from the Utah Department of Corrections regarding 2News investigations
I asked UDC whether any exigent circumstances existed on May 13, 2025, during the reset operation.
The response:
“No exigent circumstances occurred on May 13, 2025.”
I also requested information about what items were confiscated. UDC said it could not provide a specific list.
Response to questions posed by 2News Investigates to UDC regarding mass strip search and if exigent circumstances existed that day
The lawsuit seeks a jury trial and accuses the defendants, all supervisors, of participating in a “coordinated effort to humiliate, mock, and psychologically degrade the plaintiffs … operating with a brazen and intentional disregard for clearly established law, fueled by an institutional custom of impunity.”
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