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HB 183: Sex Designation Amendments
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Reply to: HB 183: Sex Designation Amendments
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<blockquote><strong class="quote">David Kitchen wrote:</strong> <P style="background-color: transparent;">Bill Text: <A href="https://le.utah.gov/~2026/bills/static/HB0183.html" target="_blank">https://le.utah.gov/~2026/bills/static/HB0183.html</A></P> <P style="background-color: transparent;"><FONT color="#000000">Summary: <SPAN style="background-color: rgb(255, 255, 255);"><FONT>HB0183 replaces the term "gender" with "sex" throughout Utah Code and explicitly removes "gender identity" as a protected class regarding employment, housing, and hate crime penalty enhancements. The bill restricts access to sex-designated privacy spaces (restrooms and locker rooms) in publicly owned facilities to individuals based on biological sex and prohibits the amendment of sex designations on birth certificates. It also places restrictions on specific employees working with children if their gender presentation differs from their biological sex.</FONT></SPAN></FONT></P> <P style="background-color: transparent;"><FONT color="#000000" face="Tahoma">David's Take: I believe this bill is virtue signaling from Rep. Lee. He wants references to biological sex instead of gender identiy. I believe there is still conflicting legal precident and directions at the federal level and this would create similar confusion at the state level.</FONT></P> <P style="background-color: transparent;"><FONT color="#000000" face="Tahoma">U.S. Supreme Court ruled in 2020 in Bostock v Clayton County that sex discrimination includes sexual orientation and gender identity. However, <A href="https://ogletree.com/insights-resources/blog-posts/federal-court-nullifies-eeoc-guidance-on-lgbtq-protections/" target="_blank">in May 2025, a federal district court in Texas vacated parts of EEOC's guildance</A> that was in line with the Bostock decision. Also, President Trump has issued an executive order that recognizes sex as binary and immutable. </FONT></P> <P><FONT color="#000000" face="Tahoma" style="background-color: transparent;">Utah Code includes sexual orientation and gender identity as protected classes. 34A-5-104 currently instructs the Utah Labor Commission to investigate discrimination on the bases of sexual orientation and gender identity. This bill would change that only to sexual orientation.</FONT></P> <P></P> <P style="background-color: transparent;"><FONT color="#000000" face="Tahoma">I don't know if this bill will get traction. If it does, it will be a highly sensitive bill for many. </FONT></P> <P style="background-color: transparent;"><FONT color="#000000" face="Tahoma"><BR></FONT></P> <P style="background-color: transparent;"><FONT color="#000000" face="Tahoma">*General Disclaimer: David's take is is his own personal opinion and is non legal binding nor is the official position of the Chapter. </FONT></P><FONT color="#64748B" style="background-color: transparent;"><BR></FONT> </blockquote><br>
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PSHRA Utah (Email)
Current President: Jill Tew
Recent forum updates
Retiree insurance
January 27, 2026 9:31 AM
David Kitchen
HB 147: Government Form Submission Amendments
January 22, 2026 2:41 PM
David Kitchen
SB 171: State Commercial Driver License Amendments
January 22, 2026 2:23 PM
David Kitchen
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