SALT LAKE CITY — Governor Spencer Cox signed a number of bills into law late Tuesday, including two of the most controversial in the 2024 Utah State Legislature.
The governor signed House Bill 257, which restricts transgender people from using a public restroom consistent with their gender identity, and House Bill 261, which replaces Diversity, Equity and Inclusion offices on college campuses with new "student success centers" that serve a broader audience than marginalized communities.
HB257 requires transgender people to use a public restroom or locker room consistent with their sex designated at birth, unless they've fully transitioned. But as it pertains to public restrooms (it does not impact private businesses), it doesn't carry much enforcement power if someone continues to use a restroom consistent with their gender identity. However, the bill's sponsors have warned there is a risk they could be charged with lewdness, voyeurism or trespassing.
"We want public facilities that are safe and accommodating for everyone and this bill increases privacy protections for all," Cox said in a statement announcing he signed it into law. The bill goes into effect on his signature.
HB257 could also face a lawsuit against the state. The ACLU of Utah on Tuesday sent a letter to the governor, asking for a veto but also warned of litigation.
"Transgender and non-binary Utahns are part of our communities, enrich our state, and deserve the freedom to live as themselves without facing discrimination. Today, with the Governor’s signature, this law codified outdated and inaccurate definitions of sex and families and, in so doing, severely limits – rather than expands - opportunities," Aaron Welcher, a spokesperson for the ACLU of Utah, told FOX 13 News on Tuesday night.
"With each disruption to the rights of Transgender Utahns — in healthcare, sports, identification, and now public spaces — we will use every means available, including legal action when necessary, to defend their civil rights and liberties from powerful policymakers infringing on these freedoms. We see you. We support you."
HB261 prohibits "diversity statements" in job applications and trainings in government jobs that are "ideological" and place one race, gender or nationality above another. Its most controversial provision replaces DEI offices on Utah college and university campuses with all-encompassing "Student Success Centers" and prohibits the use of the term "Diversity, Equity and Inclusion."
"We've been concerned about some DEI programs and policies, particularly with hiring practices, and this bill offers a balanced solution. I’m grateful to the Legislature for not following the lead of other states that simply eliminated DEI 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," Gov. Cox said in his statement.
"We firmly believe that Utah is stronger because of our diversity and we remain committed to keeping our state a place where everyone can thrive. Over the past three years, our administration has worked very intentionally with many community stakeholders to expand opportunities for all Utahns and we will continue to do so."
Darlene McDonald, the director of the 1Utah Project, accused the governor of putting "politics ahead of student success" by signing HB261. She said her organization questioned the constitutionality of the bill and threatened a challenge.
"We proudly call Utah home and we will not be steamrolled by those that seek to tear our communities down with divisive politics and disinformation about American history," she said. "We, as a people, have faced these challenges before. Like those who came before us, we know this one thing to be true – we shall overcome."
Senate Democrats blasted both bills in their own statements.
"As your senators, we are gravely concerned about the unintended consequences of these laws, consequences that we may not even foresee yet. We worry about the impact they will have on our economy, including struggles in recruiting a diverse and talented workforce in all areas. We worry about the message these laws send to our youth, particularly those who are marginalized and vulnerable. And most importantly, we worry about the harm and injustice they will inflict upon members of our communities," Senate Minority Leader Luz Escamilla, D-Salt Lake City, and members of her caucus said in a statement.
One of the governor's election challengers also criticized the signing of the bills.
"Extreme, divisive, and unnecessary legislation. Is this who we are? Is this who we want to be? Is this the legacy we want to leave? I’ve said it before and I’ll say it again: you deserve better," said Rep. Brian King, D-Salt Lake City, who is the Democratic candidate for governor.
Gov. Cox is facing intraparty challenges from Rep. Phil Lyman, R-Blanding, and former Utah GOP Chair Carson Jorgensen.
Cox also signed four base budget bills, which keep funding going for the basic functions of government.
