A distinction on the basis of sex that provides separate accommodations for the sexes is substantially related to the important government objective of protecting individual privacy, including in the following contexts:

(1) a privacy space; and

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Terms Used In Utah Code 63G-31-202

  • 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
  • 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
  • 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) a correctional facility as defined in Section 77-16b-102.