Utah Sex Laws

http://le.utah.gov/UtahCode/title.jsp

Last update: 9/7/2014

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Title 76	Utah Criminal Code
Chapter 7	Offenses Against the Family
Section 103	Adultery.
76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. (2) Adultery is a class B misdemeanor. Amended by Chapter 241, 1991 General Session

Title 76	Utah Criminal Code
Chapter 7	Offenses Against the Family
Section 104	Fornication.
76-7-104. Fornication. (1) Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication. (2) Fornication is a class B misdemeanor. Enacted by Chapter 196, 1973 General Session

Title 76	Utah Criminal Code
Chapter 7	Offenses Against the Family
Section 322	Public funds for provision of contraceptive or abortion services restricted.
76-7-322. Public funds for provision of contraceptive or abortion services restricted. No funds of the state or its political subdivisions shall be used to provide contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian. Amended by Chapter 50, 1988 General Session

Title 30	Husband and Wife
Chapter 1	Marriage
Section 2	Marriages prohibited and void.
30-1-2. Marriages prohibited and void. The following marriages are prohibited and declared void: (1) when there is a husband or wife living, from whom the person marrying has not been divorced; (2) when the male or female is under 18 years of age unless consent is obtained as provided in Section 30-1-9; (3) when the male or female is under 14 years of age or, beginning May 3, 1999, when the male or female is under 16 years of age at the time the parties attempt to enter into the marriage; however, exceptions may be made for a person 15 years of age, under conditions set in accordance with Section 30-1-9; (4) between a divorced person and any person other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree; and (5) between persons of the same sex. Amended by Chapter 15, 1999 General Session

From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

Kitchen v. Herbert

6/25/14 • Federal Appellate Court Ruling at the 10th Circuit

Federal appellate court decision upholding lower ruling that same-sex couples in UT have the freedom to marry, that marriages legally performed in other states must be respected, and that banning same-sex couples from marrying is unconstitutional. Ruling is stayed pending appeal to the United States Supreme Court.

Evans v. Utah

5/19/14 • Federal Court Ruling

Federal court decision declaring that the nearly 1,300 marriage licenses issued to same-sex couples in December 2013 and January 2014 in Utah must be respected by the state of Utah. Ruling on hold pending appeal to the 10th Circuit Court of Appeals.

Kitchen v. Herbert

12/20/13 • Federal Court Ruling

Federal court decision declaring that same-sex couples in UT have the freedom to marry and marriages performed in other states must be respected. Ruling on hold pending appeal to the 10th Circuit Court of Appeals.

2004: A constitutional amendment was passed defining civil marriage to be limited to opposite-sex couples. It was approved by wide margin, 66% favorable and 34% against, in November 2004.

The amendment defines marriage as "... the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."

2005: Utah Governor Jon Huntsman, Jr. proposed reciprocal benefits for all same-sex couples living in the state. The measure was defeated in the state Senate by 18 -10, and since then he has promised to introduce a Reciprocal Benefits Bill 2009 (similar to Colorado laws) in 2009.

2013: District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional in Kitchen v. Herbert on December 20, 2013. The ruling is currently being appealed, and has been stayed by the Supreme Court during the appellate proceedings.

Texts:

Utah Constitution - Article 01. Declaration of Rights

Section 29. Marriage.

~~(1) Marriage consists only of the legal union between a man and a woman.~~

~~(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.~~

~~Utah Code - Title 30. Husband and Wife - Chapter 01. Marriage~~

~~30-1-2. Marriages prohibited and void.~~

~~The following marriages are prohibited and declared void: ... (5) between persons of the same sex.~~

~~30-1-4.1. Marriage recognition policy.~~

~~(1) (a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.~~

(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.

~~(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.~~

Title 76	Utah Criminal Code
Chapter 7	Offenses Against the Family
Section 322	Public funds for provision of contraceptive or abortion services restricted.
76-7-322. Public funds for provision of contraceptive or abortion services restricted. No funds of the state or its political subdivisions shall be used to provide contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian. Amended by Chapter 50, 1988 General Session

Title 76	Utah Criminal Code
Chapter 7	Offenses Against the Family
Section 323	Public funds for support entities providing contraceptive or abortion services restricted.
76-7-323. Public funds for support entities providing contraceptive or abortion services restricted. No agency of the state or its political subdivisions shall approve any application for funds of the state or its political subdivisions to support, directly or indirectly, any organization or health care provider that provides contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or guardian. No institution shall be denied state or federal funds under relevant provisions of law on the ground that a person on its staff provides contraceptive or abortion services in that person's private practice outside of such institution. Amended by Chapter 50, 1988 General Session

Title 76	Utah Criminal Code
Chapter 7	Offenses Against the Family
Section 325	Notice to parent or guardian of minor requesting contraceptive -- Definition of contraceptives -- Penalty for violation.
76-7-325. Notice to parent or guardian of minor requesting contraceptive -- Definition of contraceptives -- Penalty for violation. (1) Any person before providing contraceptives to a minor shall notify, whenever possible, the minor's parents or guardian of the service requested to be provided to such minor. Contraceptives shall be defined as appliances (including but not limited to intrauterine devices), drugs, or medicinal preparations intended or having special utility for prevention of conception. (2) Any person in violation of this section shall be guilty of a class C misdemeanor. Enacted by Chapter 94, 1983 General Session