Cox signs bill blocking Utah from complying with new Title IX regulations

This article was originally published on the Utah News Dispatch.

Governor of Utah Spencer Cox signed into law six bills passed by the Legislature during a special session this week — including a resolution prohibiting government officials from complying with an update to Title IX that prohibits discrimination based on gender identity.

On Wednesday, lawmakers voted along party lines to approve two resolutions – HCR301 and HJR301 – declaring they would not comply with a federal directive that extends Title IX protections to transgender students and allows them to participate on sports teams and use bathrooms and facilities of appropriate for their gender to identify with.

By signing into law, Utah is implementing the recently passed Utah Constitutional Sovereignty Act, which allows the state to disobey federal policy in cases where lawmakers deem it “overreach.”

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During the debate, lawmakers said the new Title IX rules, scheduled to go into effect in August, conflict with state laws that prohibit transgender people from using bathrooms and locker rooms of the gender with which they identify. Also in the case of HB11, which prohibits transgender students from joining sports teams that match their gender identity, among other policies related to harassment and abortion.

In 2022, Cox vetoed HB11, citing “fundamental flaws” and criticizing a last-minute change that allowed a complete ban on transgender high school and middle school students from participating in same-sex sports teams.

“I must admit that I am not an expert on transgenderism. There’s so much I’m trying to understand and the science is contradictory. But when in doubt, I always try to speak of kindness, mercy and compassion,” Cox said in a 2022 letter to the Legislature’s leadership. “I also try to stay in close contact and learn a lot from our transgender community. These are great kids who face huge struggles.

However, the legislator rejected this veto.

Cox did not immediately comment on why he signed the resolutions Friday.

In January of this year, Cox quickly signed HB257, which limits transgender people’s access to bathrooms and locker rooms corresponding to their gender identity in government-owned facilities, and issued a one-line statement stating that “we want public facilities that are safe and welcoming for everyone and this bill increases privacy protections for everyone.”

Rep. Kera Birkland, R-Morgan, who sponsored HCR301 to ignore new Title IX policies – except HB11 and HB257 – stated on her X account that she hopes the signature will prompt other states to take similar action.

“I hope this all brings us one step closer to Congressional action that protects and preserves women’s sports,” Birkeland wrote.

She explained that due to Utah’s Constitutional Sovereignty Act and Resolution, the order not to comply with federal law covers K-12 schools and higher education.

“Utah will follow state law, not unconstitutional regulations passed by unelected bureaucrats under the Biden administration,” she added in her post.

HJR301, a joint resolution with the same purpose as HCR301, did not require Cox’s signature.

In addition to those items, Cox signed an update easing the terms of a controversial bill that would keep coal-fired generators at the Intermountain Power Plant operating beyond their planned retirement date, which the Intermountain Power Agency will not oppose.

The governor also signed amendments to Utah’s code regarding exchange student participation in the statewide online education program and other measures “to counter undue federal influence on public lands,” according to the session’s proclamation.

Utah News Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. The Utah News Dispatch maintains editorial independence. If you have any questions, please contact editor McKenzie Romero: [email protected]. Follow Utah News Dispatch on Facebook and X.