Utah
What's next in Utah's fight against new Title IX regulations as enactment date approaches?
As state lawmakers prepared for a special session to consider the impacts of new federal Title IX regulations, state education leaders met with a legislative commission urging the Utah Legislature to provide clarity over an apparent conflict between the regulations and a public school restrooms bill.
HB257 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.
The 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.
Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.
Utah State Board of Education Chairman Jim Moss, addressing the Legislature’s Federalism Commission on Tuesday, said the state school board recently unanimously agreed to ask state lawmakers to apply the Utah Constitutional Sovereignty Act to eschew enforcement of the new Title IX regulations.
Under the act, the Utah Legislature could “in appropriate circumstances, prohibit a government officer from enforcing or assisting in the enforcement of the federal directive within the state if it violates the principle of state sovereignty…or a right reserved to the state by the 10th Amendment or in order to provide for the health, safety and welfare and promote the prosperity of the state’s inhabitants,” Moss said.
“We know very well that federal law is typically supreme law of the land, but the state Sovereignty Act was set up to effectively set up a challenge (if) actions of a particular bureaucratic agency might exceed its power. That could only be ultimately resolved by court, but that’s what the act was set up to do. So we’ve asked for the consideration of whether that might apply here, and that will be on the special session call tomorrow,” Moss said.
Federalism Commission House Chairman Keven Stratton, R-Orem, said he appreciated the board’s actions.
“I was very grateful for the unanimous decision, because I know there’s a broad spectrum of ideological perspectives on the board,” Stratton said.
The state school board has also allocated $50,000 to hire a contract attorney to help state assistant attorneys general assigned to the board to evaluate “if and how” state law is out of compliance with federal law in light of the new Title IX regulations.
The board also agreed to spend $50,000 to hire an independent auditor to determine how much federal money the board has received in recent years and how much it spends to comply with federal laws.
State School Board vice chairwoman Jennie Earl told commission members that schools want guidance on how to be in legal compliance.
“With the August 1 deadline coming forward, there is confusion out there,” she said.
Rep. Gay Lynn Bennion, D-Cottonwood Heights, asked Moss and Earl if prior to the Legislature’s General Session whether schools around the state had raised concerns about students using restrooms corresponding with their gender identity.
“I’ve been on the board for about three and a half years, so I’ve heard those concerns throughout my time,” Moss said.
He continued, “You’ve got somebody who says, identify this way, this my sexual orientation. So how do you accommodate that person while protecting others? That’s been a challenge throughout my time on the board.”
Moss said Utah school districts and charter schools have expressed concern about how to proceed.
“There’s state law that very clearly says, ‘Do this in order to protect girls in separate space facilities and there’s federal law that says ‘You can’t do that,’ ” he said.
HB257 went into effect in January, “so that has been the law since January. Title IX regulations go into effect August 1. So currently, we’ve explained to our schools we’re under the state law requirements,” he said.
Meanwhile, Utah has joined three other GOP-led states and four private entities in a lawsuit that challenges the Title IX rules.
The other plaintiffs include the states of Kansas, Wyoming and Alaska, along with a parent, Shawna Rowland, who filed on behalf of her daughter, K.R.; and three private organizations, Moms for Liberty, Female Athletes United and Young America’s Foundation.
The lawsuit, filed in federal court in Topeka, seeks a declaratory judgment holding that the final rule is unlawful and that plaintiff states are not bound by it.
It also seeks declarative judgement that does not require “Title IX recipient’s employees or students to use an individual’s preferred pronouns or honorifics,” the lawsuit states.
Attorneys general in more than 20 GOP-led states have filed at least seven legal challenges to the new Biden administration policy.
On Monday, a federal judge in Kentucky temporarily blocked the new Title IX rule in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.
U.S. District Judge Danny C. Reeves referred to the regulation as “arbitrary in the truest sense of the word” in granting the preliminary injunction.
Earlier this month, a federal judge in Louisiana temporarily blocked the new rule from taking effect in Idaho, Louisiana, Mississippi and Montana.
U.S. District Judge Terry A. Doughty called the new rule an “abuse of power” and a “threat to democracy,” ruling that the Department of Education had overstepped its authority.
Utah
Utahns first or eroding the Utah way? House OKs measure cracking down on illegal immigration
SALT LAKE CITY — A controversial Utah proposal to crack down on the presence of immigrants in the country illegally that had seemed stalled gained new life Friday, passing muster in new form in a relatively narrow vote.
In a 39-33 vote, the Utah House approved HB386 — amended with portions of HB88, which stalled in the House on Monday — and the revamped measure now goes to the Utah Senate for consideration.
The reworked version of HB386, originally meant just to repeal outdated immigration legislation, now also contains provisions prohibiting immigrants in the country illegally from being able to tap into in-state university tuition, certain home loan programs and certain professional licensing.
The new HB386 isn’t as far-reaching as HB88, which also would have prohibited immigrants in the country illegally from being able to access certain public benefits like food at food pantries, immunizations for communicable diseases and emergency housing.
Moreover, Rep. Trevor Lee, R-Layton and the HB88 sponsor, stressed that the new provisions in HB386 wouldn’t impact immigrants in the country legally. He touted HB88 as a means of making sure taxpayer money isn’t funneled to programming that immigrants in the country illegally can tap.
Rep. Lisa Shepherd, R-Provo, the HB386 sponsor, sounded a similar message, referencing, with chagrin, the provision allowing certain students in the country illegally to access lower in-state tuition rates at Utah’s public universities. Because of such provisions “we’re taking care of other countries’ children first, and I want to take care of Utahns first. In my campaign I ran and said Utahns first and this bill will put Utahns first,” she said.
If we stop young folks who have lived here much of their life from going to school and getting an education, it is really clear to me that we have hurt that person. It’s not clear to me at all that we have benefitted the rest of us.
–Rep. Ray Ward, R-Bountiful
The relatively narrow 39-33 vote, atypical in the GOP-dominated Utah Legislature, followed several other narrow, hotly contested procedural votes to formally amend HB386. Foes, including both Democrats and Republicans, took particular umbrage with provisions prohibiting immigrants in the country illegally from being able to pay in-state tuition and access certain scholarships.
As is, students in the country illegally who have attended high school for at least three years in Utah and meet other guidelines may pay lower in-state tuition, but if they have to pay out-of-state tuition instead, they could no longer afford to go to college.
“If we stop young folks who have lived here much of their life from going to school and getting an education, it is really clear to me that we have hurt that person. It’s not clear to me at all that we have benefitted the rest of us,” said Rep. Ray Ward, R-Bountiful.
Rep. Hoang Nguyen, D-Salt Lake City, noted her own hardscrabble upbringing as an immigrant from Vietnam and said the changes outlined in the reworked version of HB386 run counter to what she believes Utah stands for.
“I fear that what we’re doing here in Utah is we are eroding what truly makes Utah special, the Utah way. We are starting to adopt policies that are regressive and don’t take care of people. Utahns are one thing. Citizens are one thing. People is the first thing,” she said.
Rep. John Arthur, D-Cottonwood Heights, said the measure sends a negative message to the immigrant students impacted.
“If we pass this bill today, colleagues, we will be telling these young people — again, who have graduated from our high schools, these kids who have gone to at least three years of school here — that you’re no longer a Utahn,” he said.
If we are compassionate to those who come the legal way and we are compassionate to those who already live here, that does not mean that we lack compassion for others in other ways.
–Rep. Kristen Chevrier, R-Highland
Rep. Kristen Chevrier, R-Highland, said the debate underscores a “fallacy” about compassion. She backed the reworked version of HB386, saying Utah resources should be first spend on those in the country legally.
“If we are compassionate to those who come the legal way and we are compassionate to those who already live here, that does not mean that we lack compassion for others in other ways,” she said.
The original version of HB386 calls for repeal of immigration laws on the books that are outdated because other triggering requirements have not been met or they run counter to federal law.
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.
Utah
Utah man dies of injuries sustained in avalanche in Big Cottonwood Canyon
SALT LAKE CITY (KUTV) — A man died after he was caught in an avalanche in Big Cottonwood Canyon over the weekend.
A spokesperson for the Salt Lake County Sheriff’s Office confirmed on Thursday that Kevin Williams, 57, had died.
He, along with one other person, was hospitalized in critical condition after Saturday’s avalanche in the backcountry.
MORE | Big Cottonwood Canyon Avalanche
In an interview with 2News earlier this week, one of Williams’ close friends, Nate Burbidge, described him as a loving family man.
“Kevin’s an amazing guy. He’s always serving, looking for ways that he can connect with others,” Burbidge said.
A GoFundMe was set up to help support Williams’ family.
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Utah
911 recordings detail hours leading up to discovery of Utah girl, mother dead in Las Vegas
CONTENT WARNING: This report discusses suicide and includes descriptions of audio from 911 calls that some viewers may find disturbing.
LAS VEGAS — Exclusively obtained 911 recordings detail the hours leading up to the discovery of an 11-year-old Utah girl and her mother dead inside a Las Vegas hotel room in an apparent murder-suicide.
Addi Smith and her mother, Tawnia McGeehan, lived in West Jordan and had traveled to Nevada for the JAMZ cheerleading competition.
The calls show a growing sense of urgency from family members and coaches, and several hours passing before relatives learned what happened.
MORE | Murder-Suicide
Below is a timeline of the key moments, according to dispatch records. All times are Pacific Time.
10:33 a.m. — Call 1
After Addi and her mother failed to appear at the cheerleading competition, Addi’s father and stepmother called dispatch for a welfare check.
Addi and her mother were staying at the Rio hotel. The father told dispatch that hotel security had already attempted contact.
“Security went up and knocked on the door. There’s no answer or response it doesn’t look like they checked out or anything…”
11:18 a.m. and 11:27 a.m. — Calls 2 and 3
As concern grew, Addi’s coach contacted the police two times within minutes.
“We think the child possibly is in imminent danger…”
11:26 a.m. — Call 4
Addi’s stepmother placed another call to dispatch, expressing escalating concern.
“We are extremely concerned we believe that something might have seriously happened.”
She said that Tawnia’s car was still at the hotel.
Police indicated officers were on the way.
2:26 p.m. — Call 5
Nearly three hours after the initial welfare check request, fire personnel were en route to the scene. It appeared they had been in contact with hotel security.
Fire told police that they were responding to a possible suicide.
“They found a note on the door.”
2:35 p.m. — Call 6
Emergency medical personnel at the scene told police they had located two victims.
“It’s going to be gunshot wound to the head for both patients with notes”
A dispatcher responded:
“Oh my goodness that’s not okay.”
2:36 p.m. — Call 7
Moments later, fire personnel relayed their assessment to law enforcement:
“It’s going to be a murder suicide, a juvenile and a mother.”
2:39 p.m. — Call 8
Unaware of what had been discovered, Addi’s father called dispatch again.
“I’m trying to file a missing persons report for my daughter.”
He repeats the details he knows for the second time.
3:13 p.m. — Call 9
Father and stepmother call again seeking information and continue to press for answers.
“We just need some information. There was a room check done around 3:00 we really don’t know where to start with all of this Can we have them call us back immediately?”
Dispatch responded:
“As soon as there’s a free officer, we’ll have them reach out to you.”
4:05 p.m. — Call 10
More than an hour later, Addi’s father was put in contact with the police on the scene. He pleaded for immediate action.
“I need someone there I need someone there looking in that room”
The officer confirmed that they had officers currently in the room.
Addi’s father asks again what they found, if Addi and her mother are there, and if their things were missing.
The officer, who was not on scene, said he had received limited information.
5:23 p.m. — Call 11
Nearly seven hours after the first welfare check request, Addi’s grandmother contacted police, describing conflicting information circulating within the family.
“Some people are telling us that they were able to get in, and they were not in the hotel room, and other people saying they were not able to get in the hotel room, and we need to know”
She repeated the details of the case. Dispatch said officers will call her back once they have more information.
Around 8:00 p.m. — Press Conference
Later that evening, Las Vegas Metropolitan Police held a news conference confirming that Addi and her mother, Tawnia McGeehan, were found dead inside the hotel room.
The investigation remains ongoing.
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