Republican Legislators Order State Agencies to Violate Federal Regulations, Putting Transgender Utahns at Risk

June 19, 2024, Salt Lake City - The Utah Legislature today ordered state agencies to ignore federal Title IX protections for transgender students under the Utah Constitutional Sovereignty Act. The Utah Democratic Party wholeheartedly condemns this action, not only because it puts transgender youth at risk, but also because it is an egregious violation of the Supremacy Clause of the U.S. Constitution. 

By unilaterally blocking enforcement of federal law, Republican legislators have embraced the fringe constitutional theory of nullification: the idea that states can usurp the role of federal courts in determining what laws should be enforced. No Federal Court has ever held that states have the power to ignore federal regulation. Republican legislators have opted to ignore this fact, and decided that they, not the courts, get to decide what laws should be followed. 

It is incredibly disheartening that Republican legislators have decided to nullify federal protections for transgender youth during Pride Month, which is meant to be a time of celebration for LGBTQ+ Utahns. The Utah Democratic Party stands with transgender Utahns against this unconstitutional resolution.

“Republican Legislators, who so often claim to represent the ideals of our Founding Fathers, have today shown that they would rather cater to anti-LGBTQ+ radicals than uphold constitutional law. Even so-called moderates like Anthony Loubet, Steve Eliason, and Judy Weeks-Rohner have given into transphobic fervor,” UDP Chair Diane Lewis said. “By usurping the role of the courts, the Republican Caucus has betrayed the spirit of federalism and our Constitution.”

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For more information, contact Mason Hughes at press@utdem.org or +1 (801) 830-0645.

The Utah Democratic Party is the face and voice of Democrats in the State of Utah. We believe that Utahns deserve strong, competent leadership that puts the people and democracy first.