home > lgbt equality ACLU of Utah: Working for LGBT Equality in Utah Click here for a PDF version >> (The PDF brochure is designed to be printed on 8.5" x 13" legal size paper.) WHY THE ACLU WORKS FOR LGBT EQUALITY The ACLU of Utah maintains that the U.S. Constitution requires that our laws apply equally, regardless of one’s sexual orientation or gender identity; that we have a right to privacy in our personal relationships; and that we have the First Amendment right to communicate gay-positive viewpoints, to choose how we express our gender identity, and to associate with whomever we wish. Unfortunately, courts have not yet fully acknowledged these rights for lesbian, gay, bisexual, and transgender (LGBT) people. ISSUES WE CARE ABOUT Marriage and Relationships The ACLU of Utah works for the full legal recognition of LGBT relationships. We fought against Utah’s 1995 Defense of Marriage Act, which prohibits the recognition of marriages for same-sex couples formalized in other states. We also fought against Utah’s 2004 Marriage Recognition Policy and state constitutional amendment, both of which prohibit the government from granting legal status to same-sex relationships. We continue to lobby against other attempts to limit LGBT couples’ ability to formalize their relationships, and we support local governments’ efforts to provide domestic partner benefits. Parenting Protecting the rights of LGBT parents and their children is central to achieving equality. Bans on adoptions by same-sex couples are grounded in an irrational fear and prejudice, and they harm children’s best interests by unnecessarily and arbitrarily eliminating good adoptive homes. The ACLU of Utah challenged Utah’s 2000 adoption ban, which remains state law. We continue to fight against other laws that effectively exclude LGBT parents from important legal protections for their families. We also work to ensure that sexual orientation and gender identity are not used in custody and visitation determinations. Gay-Positive Expression The First Amendment provides for freedom of speech and expression, and it’s a powerful and necessary tool in the fight for LGBT equality. From the woman who wished to express support for her gay children by displaying the personalized license plate “GAYSROK” to the lesbian teacher who was disciplined for honestly answering a student’s question about her sexual orientation, the ACLU of Utah has successfully represented people who have been challenged for expressing gay-positive viewpoints. Issues Facing Students The ACLU of Utah supports the right of LGBT students to learn in a safe school environment where they are free from harassment. Students also have the rights to free expression and association, and the ACLU of Utah has successfully represented students who wish to exercise these rights by forming Gay/Straight Alliances, attending prom with a same-sex date, or wearing T-shirts displaying gay-positive messages. Gender Identity The ACLU of Utah fights for the rights of transgender and gender nonconforming people in employment, schools, and public accommodations. Anti-Discrimination Laws Protecting basic civil rights is at the heart of our work for LGBT equality. The ACLU of Utah advocates for local non-discrimination employment, housing, and public accommodations laws as well as the abolition of biased laws and regulations, such as Utah’s sodomy law. IMPORTANT LEGAL CASES AND STATUTES Equal Access Act In 1984, Congress passed the federal Equal Access Act, which requires that if a public school allows students to form non-curricular clubs, then it must allow students to form a Gay/Straight Alliance and it must treat the GSA the same as it does all other non-curricular clubs. Flores v. Morgan Hill Unified School District In 2003, the Ninth Circuit Court of Appeals ruled that school administrators must take steps to eliminate harassment when they learn that lesbian, gay, and bisexual students are abused at school. Fricke v. Lynch In 1980, a federal court in Rhode Island ruled that any school policy that specifically excludes same-sex couples from participating in a high school dance or from enjoying the same benefits as co-ed couples violates the rights to free expression and association.  Lawrence v. Texas In 2003, the U.S. Supreme Court struck down a Texas sodomy law that made some kinds of sexual intimacy a crime, but only for lesbians and gay men. The Court held that the Texas law violated the fundamental right to privacy protected by the U.S. Constitution. The decision means that similar laws against sexual intimacy are invalid. Romer v. Evans In 1996, the U.S. Supreme Court struck down a Colorado constitutional amendment that prohibited the passage of any laws banning discrimination against lesbians and gay men. For the first time, the Court recognized that lesbians and gay men are protected by the Fourteenth Amendment to the U.S. Constitution, which entitles all persons to equal protection under the law. Weaver v. Nebo School District In 1998, a federal district court ruled in an ACLU of Utah case that the Nebo School District violated a high school teacher’s rights to free speech and equal protection guaranteed by the U.S. Constitution when it prevented her from telling anyone that she is a lesbian and fired her as coach of the girls’ volleyball team. The ruling means that teachers have the right to honestly answer questions about their sexual orientation without fear of reprisal. WHO WE ARE Founded in 1958, the ACLU of Utah is the Utah affiliate of the American Civil Liberties Union, a nationwide, nonpartisan, membership organization dedicated to defending and preserving the constitutional rights guaranteed to all people in this country. We accomplish our work through legal advocacy, litigation, public education, and lobbying at the state and local levels. Like the national ACLU, the ACLU of Utah’s work is based on those principles outlined in the Bill of Rights, and our priorities include: freedom of speech, expression, and association; freedom of religion, including the separation of church and state; the right to privacy; safe prison and jail conditions; and equal protection and due process of our laws. As a private organization, the ACLU of Utah receives no government funding and never charges its clients for legal representation. Our existence depends entirely on private donations, foundation grants, court-awarded legal fees from successful cases, and membership dues from Utahns committed to preserving fundamental civil liberties. HOW TO REQUEST HELP FROM THE ACLU OF UTAH To file a complaint with the ACLU of Utah, call (801) 521-9862 ext 104 to request an intake form or fill out our online form at www.acluutah.org/intake.htm. Updated May 2007

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