Text of UT SB 297 (2015)

S.B. 297 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: E.N. Weeks 6 6 03-05-15 2:58 PM 6 S.B. 297 1 PROTECTIONS FOR RELIGIOUS EXPRESSION AND 2 BELIEFS ABOUT MARRIAGE, FAMILY, OR SEXUALITY 3 2015 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: J. Stuart Adams 6 House Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill provides certain protections and remedies for individuals, religious officials, 11 religious organizations, and government officers and employees concerning the free 12 exercise of religion and religious or deeply held beliefs about marriage, family, and 13 sexuality. 14 Highlighted Provisions: 15 This bill: 16 < requires a county clerk or the county clerk's designee to solemnize a legal marriage; 17 < requires a county clerk to require a designee to be readily available to solemnize a 18 marriage; 19 < requires a county clerk to provide certain accommodations for a conscientious 20 objector while still making services readily available; 21 < provides protections for a religious official or a religious organization that decline 22 to solemnize a marriage because of the official's or the organization's beliefs about 23 marriage, family, or sexuality; 24 < requires certain officers and employees of a state or local government to elect to 25 either solemnize all legal marriages or decline to solemnize any marriages, with 26 certain exceptions; 27 < prohibits retaliation against an individual, a religious official, or a religious *SB0297* S.B. 297 03-05-15 2:58 PM - 2 - 28 organization for invoking or exercising constitutional rights guaranteeing free exercise of 29 religion and conscience, or based upon religious or deeply held beliefs, teachings, exercises, 30 practices, or policies regarding marriage, family, or sexuality or expressions of religious or 31 deeply held beliefs, teachings, exercise, practices, or policies regarding marriage, family, or 32 sexuality; 33 < prohibits government and a government official from taking action against a 34 licensee holding a professional or business license based on the licensee's beliefs or 35 lawful expression of those beliefs; 36 < prohibits a private individual or entity from requiring a religious official or 37 organization to provide goods, accommodations, or services in connection with a 38 marriage that is contrary to the official's or the organization's religious beliefs; 39 < provides remedies for violations; and 40 < provides a severability clause. 41 Money Appropriated in this Bill: 42 None 43 Other Special Clauses: 44 This bill provides revisor instructions. 45 Utah Code Sections Affected: 46 AMENDS: 47 17-20-4, as last amended by Laws of Utah 2001, Chapter 241 48 30-1-6, as last amended by Laws of Utah 2010, Chapter 132 49 ENACTS: 50 63G-20-101, Utah Code Annotated 1953 51 63G-20-102, Utah Code Annotated 1953 52 63G-20-103, Utah Code Annotated 1953 53 63G-20-201, Utah Code Annotated 1953 54 63G-20-202, Utah Code Annotated 1953 55 63G-20-203, Utah Code Annotated 1953 56 63G-20-204, Utah Code Annotated 1953 57 63G-20-301, Utah Code Annotated 1953 58 63G-20-302, Utah Code Annotated 1953 03-05-15 2:58 PM S.B. 297 - 3 - 59 63G-20-303, Utah Code Annotated 1953 60 Uncodified Material Affected: 61 ENACTS UNCODIFIED MATERIAL 62 63 Be it enacted by the Legislature of the state of Utah: 64 Section 1. Section 17-20-4 is amended to read: 65 17-20-4. Duties of county clerk. 66 A county clerk shall: 67 (1) establish policies to issue all marriage licenses and keep a register of marriages as 68 provided by law; 69 (2) establish policies to ensure that the county clerk or the county clerk's designee is 70 reasonably available to solemnize a legal marriage for which a marriage license has been 71 issued; 72 [(2)] (3) execute under the clerk's seal and in the name of and for the county, all deeds 73 and conveyances of all real estate conveyed by the county; 74 [(3)] (4) take and certify acknowledgments and administer oaths; 75 [(4)] (5) keep a fee book as provided by law; and 76 [(5)] (6) take charge of and safely keep the seal of the county, and keep other records 77 and perform other duties as may be prescribed by law. 78 Section 2. Section 30-1-6 is amended to read: 79 30-1-6. Who may solemnize marriages -- Certificate. 80 (1) [Marriages] Subject to Subsection (5), marriages may be solemnized by the 81 following persons only: 82 (a) ministers, rabbis, or priests of any religious denomination who are: 83 (i) in regular communion with any religious society; and 84 (ii) 18 years of age or older; 85 (b) Native American spiritual advisors; 86 (c) the governor; 87 (d) the lieutenant governor; 88 (e) mayors of municipalities or county executives; 89 (f) a justice, judge, or commissioner of a court of record; S.B. 297 03-05-15 2:58 PM - 4 - 90 (g) a judge of a court not of record of the state; 91 (h) judges or magistrates of the United States; 92 (i) the county clerk of any county in the state[, if the clerk chooses to solemnize 93 marriages] or the county clerk's designee as authorized by Section 17-20-4; 94 (j) the president of the Senate; 95 (k) the speaker of the House of Representatives; or 96 (l) a judge or magistrate who holds office in Utah when retired, under rules set by the 97 Supreme Court. 98 (2) A person authorized under Subsection (1) who solemnizes a marriage shall give to 99 the couple married a certificate of marriage that shows the: 100 (a) name of the county from which the license is issued; and 101 (b) date of the license's issuance. 102 (3) As used in this section: 103 (a) "Judge or magistrate of the United States" means: 104 (i) a justice of the United States Supreme Court; 105 (ii) a judge of a court of appeals; 106 (iii) a judge of a district court; 107 (iv) a judge of any court created by an act of Congress the judges of which are entitled 108 to hold office during good behavior; 109 (v) a judge of a bankruptcy court; 110 (vi) a judge of a tax court; or 111 (vii) a United States magistrate. 112 (b) (i) "Native American spiritual advisor" means a person who: 113 (A) (I) leads, instructs, or facilitates a Native American religious ceremony or service; 114 or 115 (II) provides religious counseling; and 116 (B) is recognized as a spiritual advisor by a federally recognized Native American 117 tribe. 118 (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine 119 person, traditional religious practitioner, or holy man or woman. 120 (4) [Notwithstanding] Except as provided in Section 17-20-4, and notwithstanding any 03-05-15 2:58 PM S.B. 297 - 5 - 121 other provision in law, no person authorized under Subsection (1) to solemnize a marriage may 122 delegate or deputize another person to perform the function of solemnizing a marriage, except 123 that only employees of the office responsible for the issuance of marriage licenses may be 124 deputized. 125 (5) (a) As used in this Subsection (5): 126 (i) "Government official" means the governor, the lieutenant governor, a municipal 127 mayor, a county executive, a justice, judge, or commissioner of a court of record, a judge of a 128 court not of record, a judge or magistrate of the United States, the president of the Senate, the 129 speaker of the House of Representatives, or a judge or magistrate who held office in Utah when 130 retired. 131 (ii) "Relative" means a government official's child, stepchild, adopted child, foster 132 child, parent, stepparent, adoptive parent, foster parent, brother, sister, brother-in-law, 133 sister-in-law, first cousin, grandparent, or stepgrandparent. 134 (b) Except as provided in Subsection (5)(c), a government official, in exercising 135 authority to solemnize marriages under Subsection (1), shall either: 136 (i) agree to solemnize all legal marriages; or 137 (ii) decline to solemnize any marriage, except the marriage of a relative. 138 (c) A government official who generally agrees and undertakes to solemnize any legal 139 marriage under Subsection (5)(b)(i) may decline to solemnize a specific request for marriage 140 based upon legitimate, non-discriminatory reasons, including absence, scheduling conflicts, or 141 other similar reasons. 142 (6) (a) A county clerk may not designate an individual employee who objects to 143 solemnizing any marriage if such solemnizing would cause the individual to violate the 144 individual's sincerely held religious or other deeply held beliefs. 145 (b) Notwithstanding Subsection (6)(a), a county clerk is required to comply with the 146 requirements of Subsection 17-20-4(2). 147 Section 3. Section 63G-20-101 is enacted to read: 148 CHAPTER 20. RELIGIOUS PROTECTIONS IN RELATION TO MARRIAGE, 149 FAMILY, OR SEXUALITY 150 Part 1. General Provisions 151 63G-20-101. Title. S.B. 297 03-05-15 2:58 PM - 6 - 152 This chapter is known as "Religious Protections in Relation to Marriage, Family, or 153 Sexuality." 154 Section 4. Section 63G-20-102 is enacted to read: 155 63G-20-102. Definitions. 156 As used in this chapter: 157 (1) "Government retaliation" means an action by a state or local government or an 158 action by a state or local government official that: 159 (a) imposes a formal penalty on, fines, disciplines, discriminates against, denies the 160 rights of, denies benefits to, or denies tax-exempt status to a person; or 161 (b) subjects a person to an injunction or to an administrative claim or proceeding. 162 (2) (a) "Religious official" means an officer or official of a religion, when acting as 163 such. 164 (b) "Religious official" includes an individual designated by the religion as clergy, 165 minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is 166 acting as such. 167 (3) "Religious organization" means: 168 (a) a religious organization, association, educational institution, or society; 169 (b) a religious corporation sole; or 170 (c) any corporation or association constituting a wholly owned subsidiary, affiliate, or 171 agency of any religious organization, association, educational institution, society, or religious 172 corporation sole. 173 (4) "Sexuality" includes legal sexual conduct, legal sexual expression, sexual desires, 174 and the status of a person as male or female. 175 (5) "State or local government" means: 176 (a) a state government entity, agency, or instrumentality; or 177 (b) a local government entity, agency, or instrumentality. 178 (6) "State or local government official" means an officer, employee, or appointee of a 179 state or local government. 180 Section 5. Section 63G-20-103 is enacted to read: 181 63G-20-103. Interpretation. 182 Utah state courts and courts of the United States shall broadly construe this chapter in 03-05-15 2:58 PM S.B. 297 - 7 - 183 favor of a broad protection of religious beliefs, exercises, and conscience to the maximum 184 extent permitted by the terms of this chapter and the Utah and United States constitutions. 185 Section 6. Section 63G-20-201 is enacted to read: 186 Part 2. Government Entities Prohibited from Certain Burdens on 187 Religious Beliefs about Marriage, Family, or Sexuality 188 63G-20-201. Provisions governing solemnizing or recognizing a marriage -- 189 Prohibition against employment actions. 190 (1) Notwithstanding any other provision of law, a state or local government or a state 191 or local government official may not: 192 (a) require a religious official or religious organization to solemnize or recognize a 193 marriage that is contrary to that religious official's or religious organization's religious beliefs; 194 (b) if the religious official or religious organization is authorized to solemnize a 195 marriage by Section 30-1-6, deny a religious official or religious organization the authority to 196 legally solemnize a legal marriage based on the religious official's or religious organization's 197 refusal to solemnize any legal marriage that is contrary to the religious official's or religious 198 organization's religious beliefs; 199 (c) require a religious official or religious organization to provide goods, 200 accommodations, advantages, privileges, services, facilities, or grounds for activities connected 201 with the solemnization or celebration of a marriage that is contrary to that religious official's or 202 religious organization's religious beliefs; or 203 (d) require a religious official or religious organization to promote marriage through 204 programs, counseling, courses, or retreats in a way that is contrary to that religious official's or 205 religious organization's religious beliefs. 206 (2) Except as required by Section 17-20-4, and notwithstanding any other provision of 207 law other than Section 17-20-4, a state or local government or a state or local government 208 official may not terminate, discriminate against, discipline, penalize, retaliate against, 209 reprimand, censure, or otherwise disadvantage an officer or employee of the state or local 210 government for refusing to solemnize a marriage as authorized by Subsection 30-1-6(5). 211 Section 7. Section 63G-20-202 is enacted to read: 212 63G-20-202. Prohibition on government retaliation. 213 (1) Notwithstanding any other law, a state or local government or a state or local S.B. 297 03-05-15 2:58 PM - 8 - 214 government official may not engage in government retaliation against an individual, a religious 215 official, or a religious organization: 216 (a) for invoking or exercising the protections established in this chapter; 217 (b) for invoking or exercising constitutional rights guaranteeing free exercise of 218 religion or conscience as protected under the United States Constitution or the Utah 219 Constitution; 220 (c) based in whole or in part, for religious or other deeply held beliefs, teachings, 221 exercise, practices, or policies regarding marriage, family, or sexuality; or 222 (d) based in whole or in part, for expressions of religious or other deeply held beliefs, 223 teachings, exercise, practices, or policies regarding marriage, family, or sexuality. 224 (2) Notwithstanding any other law, the following actions by a person, a religious 225 official, or a religious organization may not be considered to result in an injury done to a 226 person or that person's property or reputation: 227 (a) invoking or exercising the protections established in this chapter; 228 (b) exercising constitutional rights guaranteeing free exercise of religion; or 229 (c) holding beliefs or lawfully expressing those beliefs, including religious beliefs 230 about marriage, family, or sexuality. 231 (3) Nothing in this section may be construed to limit the authority of the state or a 232 political subdivision of the state to protect the health, safety, or property of Utah residents 233 through lawful means. 234 Section 8. Section 63G-20-203 is enacted to read: 235 63G-20-203. Prohibition on licensing disadvantages based on beliefs regarding 236 marriage, family, or sexuality. 237 Notwithstanding any other law, a state or local government, a state or local government 238 official, or another accrediting, certifying, or licensing body may not: 239 (1) deny, revoke, or suspend a licensee's professional or business license based on that 240 licensee's beliefs or lawful expressions of those beliefs, including the licensee's religious 241 beliefs regarding marriage, family, or sexuality; or 242 (2) penalize, discipline, censure, disadvantage, discriminate against, or retaliate against 243 a licensee who holds a professional or business license based on that licensee's beliefs or lawful 244 expressions of those beliefs, including the licensee's religious beliefs regarding marriage, 03-05-15 2:58 PM S.B. 297 - 9 - 245 family, or sexuality. 246 Section 9. Section 63G-20-204 is enacted to read: 247 63G-20-204. Remedies -- Attorney fees and costs. 248 (1) (a) A person aggrieved by a violation of this part may: 249 (i) file an extraordinary writ under Rule 19, Utah Rules of Appellate Procedure, to 250 require a state or local government or a state or local government official to comply with the 251 requirements of this part; or 252 (ii) seek removal of the local government official for malfeasance in office according 253 to the procedures and requirements of Title 77, Chapter 6, Removal by Judicial Proceedings. 254 (b) The court may award reasonable attorney fees and costs to the prevailing party. 255 (2) (a) In addition to other remedies available under this section and civil or criminal 256 law, a person aggrieved by a violation of this part may bring a civil action in district court by 257 filing a sworn, written accusation detailing the violation. 258 (b) If the plaintiff establishes one or more violations of this part by a preponderance of 259 the evidence, the court: 260 (i) shall grant the plaintiff appropriate legal or equitable relief; and 261 (ii) may award reasonable attorney fees and costs to the prevailing party. 262 Section 10. Section 63G-20-301 is enacted to read: 263 Part 3. Prohibitions on Certain Burdens on a Religious Official's or Religious 264 Organization's Religious Beliefs about Marriage, Family, or Sexuality 265 63G-20-301. Prohibitions relating to refusing to solemnize a marriage. 266 Notwithstanding any other provision of law, an individual may not require a religious 267 official or religious organization to provide goods, accommodations, advantages, privileges, 268 services, facilities, or grounds for activities connected with the solemnization or celebration of 269 a marriage that is contrary to that religious official's or religious organization's religious beliefs 270 about marriage, family, or sexuality. 271 Section 11. Section 63G-20-302 is enacted to read: 272 63G-20-302. Remedies -- Civil action -- Attorney fees and costs. 273 (1) In addition to any other remedies available under this section and civil or criminal 274 law, a person aggrieved by a violation of this part may bring a civil action in district court by 275 filing a sworn, written accusation detailing the violation. S.B. 297 03-05-15 2:58 PM - 10 - 276 (2) If the plaintiff establishes one or more violations of this part by a preponderance of 277 the evidence, the court: 278 (a) shall grant the plaintiff appropriate legal or equitable relief; and 279 (b) may award reasonable attorney fees and costs to the prevailing party. 280 Section 12. Section 63G-20-303 is enacted to read: 281 63G-20-303. Severability clause. 282 If any provision of this bill or its application to any person or circumstance is found to 283 be unconstitutional, or in conflict with or superseded by federal law, the remainder of the bill 284 and the application of the provision to other persons or circumstances is not affected by the 285 finding. 286 Section 13. Revisor instructions. 287 It is the intent of the Legislature that, in preparing the Utah Code database for 288 publication, the Office of Legislative Research and General Counsel shall replace the phrases 289 "this bill" and "the bill" in Section 63G-20-303 with the bills designated chapter number in the 290 2015 Laws of Utah. Legislative Review Note as of 3-5-15 12:16 PM Office of Legislative Research and General Counsel

Enrolled Copy S.B. 297 1 PROTECTIONS FOR RELIGIOUS EXPRESSION AND 2 BELIEFS ABOUT MARRIAGE, FAMILY, OR SEXUALITY 3 2015 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: J. Stuart Adams 6 House Sponsor: LaVar Christensen 7 8 LONG TITLE 9 General Description: 10 This bill provides certain protections and remedies for individuals, religious officials, 11 religious organizations, and government officers and employees concerning the free 12 exercise of religion and religious or deeply held beliefs about marriage, family, and 13 sexuality. 14 Highlighted Provisions: 15 This bill: 16 < requires a county clerk, or a willing designee of the county clerk, to be available 17 during business hours to solemnize a legal marriage; 18 < removes a requirement that a designee for solemnizing marriages be an office 19 employee; 20 < creates a new chapter to establish certain religious protections; 21 < defines terms; 22 < requires that the chapter be broadly construed in favor of broad protection of 23 religious beliefs, exercises, and conscience; 24 < addresses the scope of state and local governments' authority to enforce certain 25 laws; 26 < provides protections for a religious official or organization that declines to 27 solemnize or recognize for ecclesiastical purposes a marriage because of the 28 official's or organization's religious beliefs; 29 < prohibits government from: S.B. 297 Enrolled Copy - 2 - 30 C removing a religious official's or organization's authority to solemnize a 31 marriage based on religious beliefs; 32 C requiring a religious official or organization to provide services or 33 accommodations for a marriage that is contrary to the official's or organization's 34 religious beliefs; 35 C requiring a religious official or organization to promote marriage that is contrary 36 to the official's or organization's religious beliefs; and 37 C retaliating against an individual, a religious official, or a religious organization 38 for exercising protections contained in this legislation; 39 < prohibits government and a government officials from taking negative action 40 against a licensee who holds a professional or business license based on the 41 licensee's beliefs or the licensee's lawful expression of those beliefs in a 42 nonprofessional setting; 43 < prohibits an individual from requiring a religious official or organization to provide 44 services or accommodations for a marriage that is contrary to the official's or 45 organization's religious beliefs; 46 < provides remedies for violations; and 47 < provides a severability clause and revisor instructions. 48 Money Appropriated in this Bill: 49 None 50 Other Special Clauses: 51 This bill provides revisor instructions. 52 Utah Code Sections Affected: 53 AMENDS: 54 17-20-4, as last amended by Laws of Utah 2001, Chapter 241 55 30-1-6, as last amended by Laws of Utah 2010, Chapter 132 56 ENACTS: 57 63G-20-101, Utah Code Annotated 1953 Enrolled Copy S.B. 297 - 3 - 58 63G-20-102, Utah Code Annotated 1953 59 63G-20-103, Utah Code Annotated 1953 60 63G-20-201, Utah Code Annotated 1953 61 63G-20-202, Utah Code Annotated 1953 62 63G-20-203, Utah Code Annotated 1953 63 63G-20-204, Utah Code Annotated 1953 64 63G-20-301, Utah Code Annotated 1953 65 63G-20-302, Utah Code Annotated 1953 66 63G-20-303, Utah Code Annotated 1953 67 Uncodified Material Affected: 68 ENACTS UNCODIFIED MATERIAL 69 70 Be it enacted by the Legislature of the state of Utah: 71 Section 1. Section 17-20-4 is amended to read: 72 17-20-4. Duties of county clerk. 73 A county clerk shall: 74 (1) establish policies to issue all marriage licenses and keep a register of marriages as 75 provided by law; 76 (2) establish policies to ensure that the county clerk, or a designee of the county clerk 77 who is willing, is available during business hours to solemnize a legal marriage for which a 78 marriage license has been issued; 79 [(2)] (3) execute under the clerk's seal and in the name of and for the county, all deeds 80 and conveyances of all real estate conveyed by the county; 81 [(3)] (4) take and certify acknowledgments and administer oaths; 82 [(4)] (5) keep a fee book as provided by law; and 83 [(5)] (6) take charge of and safely keep the seal of the county, and keep other records 84 and perform other duties as may be prescribed by law. 85 Section 2. Section 30-1-6 is amended to read: S.B. 297 Enrolled Copy - 4 - 86 30-1-6. Who may solemnize marriages -- Certificate. 87 [(1) Marriages may be solemnized by the following persons only:] 88 (1) Except for a county clerk, or a county clerk's designee, as provided below, the 89 following persons may solemnize a marriage at that person's discretion: 90 (a) ministers, rabbis, or priests of any religious denomination who are: 91 (i) in regular communion with any religious society; and 92 (ii) 18 years of age or older; 93 (b) Native American spiritual advisors; 94 (c) the governor; 95 (d) the lieutenant governor; 96 (e) mayors of municipalities or county executives; 97 (f) a justice, judge, or commissioner of a court of record; 98 (g) a judge of a court not of record of the state; 99 (h) judges or magistrates of the United States; 100 (i) the county clerk of any county in the state[, if the clerk chooses to solemnize 101 marriages] or the county clerk's designee as authorized by Section 17-20-4; 102 (j) the president of the Senate; 103 (k) the speaker of the House of Representatives; or 104 (l) a judge or magistrate who holds office in Utah when retired, under rules set by the 105 Supreme Court. 106 (2) A person authorized under Subsection (1) who solemnizes a marriage shall give to 107 the couple married a certificate of marriage that shows the: 108 (a) name of the county from which the license is issued; and 109 (b) date of the license's issuance. 110 (3) As used in this section: 111 (a) "Judge or magistrate of the United States" means: 112 (i) a justice of the United States Supreme Court; 113 (ii) a judge of a court of appeals; Enrolled Copy S.B. 297 - 5 - 114 (iii) a judge of a district court; 115 (iv) a judge of any court created by an act of Congress the judges of which are entitled 116 to hold office during good behavior; 117 (v) a judge of a bankruptcy court; 118 (vi) a judge of a tax court; or 119 (vii) a United States magistrate. 120 (b) (i) "Native American spiritual advisor" means a person who: 121 (A) [(I)] leads, instructs, or facilitates a Native American religious ceremony or 122 service[;] or [(II)] provides religious counseling; and 123 (B) is recognized as a spiritual advisor by a federally recognized Native American 124 tribe. 125 (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine 126 person, traditional religious practitioner, or holy man or woman. 127 (4) [Notwithstanding] Except as provided in Section 17-20-4, and notwithstanding any 128 other provision in law, no person authorized under Subsection (1) to solemnize a marriage may 129 delegate or deputize another person to perform the function of solemnizing a marriage[, except 130 that only employees of the office responsible for the issuance of marriage licenses may be 131 deputized]. 132 Section 3. Section 63G-20-101 is enacted to read: 133 CHAPTER 20. RELIGIOUS PROTECTIONS IN RELATION TO MARRIAGE, 134 FAMILY, OR SEXUALITY 135 Part 1. General Provisions 136 63G-20-101. Title. 137 This chapter is known as "Religious Protections in Relation to Marriage, Family, or 138 Sexuality." 139 Section 4. Section 63G-20-102 is enacted to read: 140 63G-20-102. Definitions. 141 As used in this chapter: S.B. 297 Enrolled Copy - 6 - 142 (1) "Government retaliation" means an action by a state or local government or an 143 action by a state or local government official that: 144 (a) is taken in response to a person's exercise of a protection contained in Section 145 17-20-4, 63G-20-201, or 63G-20-301; and 146 (b) (i) imposes a formal penalty on, fines, disciplines, discriminates against, denies the 147 rights of, denies benefits to, or denies tax-exempt status to a person; or 148 (ii) subjects a person to an injunction or to an administrative claim or proceeding. 149 (2) (a) "Religious official" means an officer or official of a religion, when acting as 150 such. 151 (b) "Religious official" includes an individual designated by the religion as clergy, 152 minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is 153 acting as such. 154 (3) "Religious organization" means: 155 (a) a religious organization, association, educational institution, or society; 156 (b) a religious corporation sole; or 157 (c) any corporation or association constituting a wholly owned subsidiary, affiliate, or 158 agency of any religious organization, association, educational institution, society, or religious 159 corporation sole. 160 (4) "Sexuality" includes legal sexual conduct, legal sexual expression, sexual desires, 161 and the status of a person as male or female. 162 (5) "State or local government" means: 163 (a) a state government entity, agency, or instrumentality; or 164 (b) a local government entity, agency, or instrumentality. 165 (6) "State or local government official" means an officer, employee, or appointee of a 166 state or local government. 167 Section 5. Section 63G-20-103 is enacted to read: 168 63G-20-103. Interpretation. 169 (1) Utah state courts and courts of the United States shall broadly construe this chapter Enrolled Copy S.B. 297 - 7 - 170 in favor of a broad protection of religious beliefs, exercises, and conscience to the maximum 171 extent permitted by the terms of this chapter and the Utah and United States constitutions. 172 (2) Nothing in this chapter may be construed to limit: 173 (a) the authority of a state or local government or a state or local government official to 174 protect the health, safety, or property of Utah residents through lawful means; 175 (b) the application of Utah's criminal laws; 176 (c) the application of Utah's laws barring discrimination in employment or housing; or 177 (d) the application of Utah's laws barring discrimination in public accommodations, 178 subject to Section 63G-20-201. 179 Section 6. Section 63G-20-201 is enacted to read: 180 Part 2. Government Entities Prohibited from Certain Burdens on Religious Beliefs 181 63G-20-201. Provisions governing solemnizing or recognizing a marriage -- 182 Prohibition against employment actions. 183 Notwithstanding any other provision of law, a state or local government or a state or 184 local government official may not: 185 (1) require a religious official, when acting as such, or religious organization to 186 solemnize or recognize for ecclesiastical purposes a marriage that is contrary to that religious 187 official's or religious organization's religious beliefs; 188 (2) if the religious official or religious organization is authorized to solemnize a 189 marriage by Section 30-1-6, deny a religious official, when acting as such, or religious 190 organization the authority to legally solemnize a legal marriage based on the religious official's 191 or religious organization's refusal to solemnize any legal marriage that is contrary to the 192 religious official's or religious organization's religious beliefs; 193 (3) require a religious official, when acting as such, or religious organization to provide 194 goods, accommodations, advantages, privileges, services, facilities, or grounds for activities 195 connected with the solemnization or celebration of a marriage that is contrary to that religious 196 official's or religious organization's religious beliefs; or 197 (4) require a religious official, when acting as such, or religious organization to S.B. 297 Enrolled Copy - 8 - 198 promote marriage through religious programs, counseling, courses, or retreats in a way that is 199 contrary to that religious official's or religious organization's religious beliefs. 200 Section 7. Section 63G-20-202 is enacted to read: 201 63G-20-202. Prohibition on government retaliation. 202 Notwithstanding any other law, a state or local government or a state or local 203 government official may not engage in government retaliation against an individual, a religious 204 official when acting as such, or a religious organization for exercising the protections contained 205 in Section 17-20-4, 63G-20-201, or 63G-20-301. 206 Section 8. Section 63G-20-203 is enacted to read: 207 63G-20-203. Prohibition on licensing disadvantages based on beliefs. 208 Notwithstanding any other law, a state or local government, a state or local government 209 official, or another accrediting, certifying, or licensing body may not: 210 (1) deny, revoke, or suspend a licensee's professional or business license based on that 211 licencee's beliefs or the licensee's lawful expressions of those beliefs in a nonprofessional 212 setting, including the licensee's religious beliefs regarding marriage, family, or sexuality; or 213 (2) penalize, discipline, censure, disadvantage, discriminate against, or retaliate against 214 a licensee who holds a professional or business license based on that licensee's beliefs or lawful 215 expressions of those beliefs in a nonprofessional setting, including the licensee's religious 216 beliefs regarding marriage, family, or sexuality. 217 Section 9. Section 63G-20-204 is enacted to read: 218 63G-20-204. Remedies -- Attorney fees and costs. 219 (1) (a) A person aggrieved by a violation of this part may: 220 (i) seek injunctive or other civil relief to require a state or local government or a state 221 or local government official to comply with the requirements of this part; or 222 (ii) seek removal of the local government official for malfeasance in office according 223 to the procedures and requirements of Title 77, Chapter 6, Removal by Judicial Proceedings. 224 (b) The court may award reasonable attorney fees and costs to the prevailing party. 225 (2) (a) A person aggrieved by a violation of this part may bring a civil action in district Enrolled Copy S.B. 297 - 9 - 226 court. 227 (b) If the plaintiff establishes one or more violations of this part by a preponderance of 228 the evidence, the court: 229 (i) shall grant the plaintiff appropriate legal or equitable relief; and 230 (ii) may award reasonable attorney fees and costs to the prevailing party. 231 Section 10. Section 63G-20-301 is enacted to read: 232 Part 3. Prohibitions on Certain Burdens on a Religious Official's or Religious 233 Organization's Religious Beliefs about Marriage, Family, or Sexuality 234 63G-20-301. Prohibitions relating to refusing to solemnize a marriage. 235 Notwithstanding any other provision of law, an individual may not require a religious 236 official, when acting as such, or religious organization to provide goods, accommodations, 237 advantages, privileges, services, facilities, or grounds for activities connected with the 238 solemnization or celebration of a marriage that is contrary to that religious official's or religious 239 organization's religious beliefs about marriage, family, or sexuality. 240 Section 11. Section 63G-20-302 is enacted to read: 241 63G-20-302. Remedies -- Civil action -- Attorney fees and costs. 242 (1) A person aggrieved by a violation of this part may bring a civil action in district 243 court. 244 (2) If the plaintiff establishes one or more violations of this part by a preponderance of 245 the evidence, the court: 246 (a) shall grant the plaintiff appropriate legal or equitable relief; and 247 (b) may award reasonable attorney fees and costs to the prevailing party. 248 Section 12. Section 63G-20-303 is enacted to read: 249 63G-20-303. Severability clause. 250 If any provision of this bill or its application to any person or circumstance is found to 251 be unconstitutional, or in conflict with or superseded by federal law, the remainder of the bill 252 and the application of the provision to other persons or circumstances is not affected by the 253 finding. S.B. 297 Enrolled Copy - 10 - 254 Section 13. Revisor instructions. 255 It is the intent of the Legislature that, in preparing the Utah Code database for 256 publication, the Office of Legislative Research and General Counsel shall replace the phrases 257 "this bill" and "the bill" in Section 63G-20-303 with the bill's designated chapter number in the 258 2015 Laws of Utah.