Over time, Utah has gained a reputation as a bastion of right-wing and religious values. While this may be an accurate depiction of Utah’s populace, it is certainly not always true regarding its governance. Strangely enough, the Republican-controlled state commonly finds itself promoting and enacting some of the nation’s most progressive policies, particularly when it comes to the LGBT+ movement.
One of the latest developments in Utah’s pro-LGBT+ policies is the newly modified 26B-8-111 of Utah’s Health and Human Services Code, which went into effect in May of this year. This code allows transgender-identifying individuals as young as 15 to petition the courts to legally change the gender listed on their birth certificates. It also loosened overall restrictions on gender marker amendments – changes to the listed gender on one’s birth certificate – and made them easier to obtain. Once the petition is granted, the state will issue a new birth certificate without any indication of which fields have been amended. Other identifying documents such as passports, driver’s licenses, and social security cards can also be changed following the court order.
Prior to this modification, Utah had much stricter standards for granting gender marker amendments. Proof of sex-change surgery was often a requirement, and approvals for minors were rare. The newly-issued birth certificates also highlighted which fields on the document had been changed. The changes enacted in May remove the requirement for proof of clinical treatment, and give courts room to consider other factors. The code simply instructs courts to examine “evidence that the sex sought in the petition is sincerely held and part of the individual’s core identity.” This may include “evidence of medical history, care, or treatment related to sex transitioning,” but other types of evidence can be considered as well. In an X post about this new policy, former Utah Lieutenant Governor candidate Natalie Clawson shared, “An attorney involved in the field told me he has never seen a request to change genders in Utah denied.” Overall, the decision-making process for the court orders has been made to be much more subjective.
This change in Utah state code stands in stark contrast to the policies of other conservative states. Texas and Florida completely banned gender marker amendments in February and August 2024 respectively. Idaho attempted a ban in 2020, but it was overturned by federal courts later that year. Overall, the trend for red states has overwhelmingly been to tighten restrictions on or completely ban gender marker amendments on birth certificates and other identifying documents. Utah has been the only one to electively loosen restrictions and make the process for attaining gender marker amendments easier. Policy changes such as this create a jarring contrast between Utah and its conservative peers, and perhaps indicate a broader trend regarding Utah’s trajectory on culture issues as a whole.
Cover Photo Source: https://dph.sbcounty.gov/2023/vital-statistics-registration-office-offering-online-purchase-of-birth-and-death-certificates/
