Utah Code 63G-31-201. Distinctions on the basis of sex
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(1) A government entity may not, on the basis of sex, exclude an individual from participation in, deny an individual from the benefits of, or subject an individual to a sex-based distinction in or under any government or otherwise publicly owned or controlled facility, program, or event, unless the distinction is substantially related to an important government objective.
Terms Used In Utah Code 63G-31-201
- Facility: includes a subset of a publicly owned or controlled building, structure, or other improvement, including a restroom or locker room. See Utah Code 63G-31-101
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Government entity: means :(3)(a) the state; or(3)(b) any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, including:(3)(b)(i) a state institution of higher education as defined in Section
53B-2-101 ; or(3)(b)(ii) a local education agency as defined in Section53G-7-401 . See Utah Code 63G-31-101- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Privacy space: means a restroom or changing room within a publicly owned or controlled facility, where an individual has a reasonable expectation of privacy. See Utah Code 63G-31-101
- Publicly owned or controlled: means that a government entity has at least a partial ownership interest in or has control of a facility, program, or event. See Utah Code 63G-31-101
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(2) Each government entity shall ensure the preservation of distinctions on the basis of sex that protect individual privacy and competitive opportunity, as described in this chapter.(3)(3)(a) As used in this Subsection (3), “athletic facility” does not include a privacy space.(3)(b) To preserve the individual privacy and competitive opportunity of females, an individual is not entitled to and may not access, use, or benefit from a government entity’s athletic facility, program, or event if:(3)(b)(i) the facility, program, or event is designated for females; and(3)(b)(ii) the individual is not female.(3)(c) To preserve the individual privacy and competitive opportunity of males, an individual is not entitled to and may not access, use, or benefit from a government entity’s athletic facility, program, or event if:(3)(c)(i) the facility, program, or event is designated for males; and(3)(c)(ii) the individual is not male.(4) Notwithstanding Subsections (1) through (3), this chapter does not apply to:(4)(a) the School Activity Eligibility Commission created in Section53G-6-1003 ; or(4)(b) in the context of a student who has obtained the eligibility approval of the commission under Subsection53G-6-1004(2) to participate in a gender-designated interscholastic activity that does not correspond with the sex designation on the student’s birth certificate, as those terms are defined in Section53G-6-1001 .