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JOINT RESOLUTION-LEGISLATIVE FINDINGS ON

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STATE SOVEREIGNTY IN REGARD TO TITLE IX

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2024 THIRD SPECIAL SESSION

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STATE OF UTAH

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Chief Sponsor: R. Neil Walter

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Senate Sponsor: Scott D. Sandall

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8     LONG TITLE
9     General Description:
10          This joint resolution declares that Utah has the sovereign authority and responsibility to
11     safeguard the state's health, safety, and welfare of, and to promote the prosperity of,
12     Utah residents and that the federal government's overreach in regard to the new
13     regulations adopted under Title IX of the Education Amendments of 1972, effective
14     August 1, 2024, infringes upon this authority and responsibility.
15     Highlighted Provisions:
16          This resolution:
17          ▸     declares that Utah has the sovereign authority with rights and responsibilities to
18     safeguard Utah's men, women, and children;
19          ▸     declares through legislative findings that the federal directive under the new
20     regulations promulgated under Title IX of the Education Amendments of 1972,
21     effective August 1, 2024 (New Regulations), constitutes an overreach of federal
22     administrative authority that violates Utah's rights and interests to provide for the
23     health, safety, welfare of, and to promote the prosperity of, Utah residents; and
24          ▸     makes findings, in accordance with Utah Code Title 63G, Chapter 16, State
25     Sovereignty, that the New Regulations restrict and infringe upon the state's rights
26     and interests.
27     Special Clauses:

28          None
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30     Be it resolved by the Legislature of the state of Utah:
31          WHEREAS, the state of Utah has the sovereign authority and responsibility to
32     safeguard the health, safety, and welfare of the women, men, and children of Utah and ensure
33     the prosperity of all people of the state;
34          WHEREAS, it is the foremost obligation of the state to protect individuals within its
35     borders and resist unconstitutional overreach by the federal government;
36          WHEREAS, the U.S. Department of Education adopted new regulations to be codified
37     on August 1, 2024, as 34 C.F.R. Section 106, under Title IX of the Education Amendments of
38     1972, 89 Fed. Reg. 33474, (New Regulations);
39          WHEREAS, the New Regulations issued outside of express Congressional authority is
40     an abuse of the U.S. Department of Education's administrative power;
41          WHEREAS, as adopted, the New Regulations force the public education system and
42     system of higher education to acquiesce to the federal government's ideology on gender and
43     sex;
44          WHEREAS, the New Regulations' mandates are in direct conflict with Utah laws
45     enacted to ensure personal privacy, safe learning environments, and abortion policies that
46     reflect Utah's values, including:
47          (1) H.B.11, Student Eligibility in Interscholastic Activities, (2022 General Session),
48     which requires sex-designated athletic programs and privacy spaces to be accessed or
49     participated in based on biological sex to preserve fairness and equal competitive opportunities;
50          (2) H.B. 257, Sex-based Designations for Privacy, Anti-bullying, and Women's
51     Opportunities, (2024 General Session), which requires reasonable expectations of privacy,
52     safety, health, and welfare for Utah residents, especially for women and girls;
53          (3) Utah laws regarding students' rights on college and university campuses, which
54     protect students from harassment and preserve students' rights to free expression and due
55     process, under Utah Code Title 53B, Chapter 27, Campus Individual Rights Act; and
56          (4) Utah laws regarding abortion, which generally forbid the use of public funds for
57     abortion services, under Utah Code Title 76, Chapter 7, Part 3, Abortion;
58          WHEREAS, the New Regulations harm Utah's children by mandating that they share

59     locker room facilities, bathroom facilities, changing room facilities, and shower facilities with
60     the opposite sex;
61          WHEREAS, the U.S. Department of Education has corrupted the mission of Title IX,
62     which is to promote women's and girl's sports and to protect women and girls from
63     discrimination in education and sports;
64          WHEREAS, the New Regulations harm students on college and university campuses by
65     dictating the manner in which a student speaks and expresses opinions or thoughts, altering
66     college and university anti-harassment processes and procedures, and interfering with a
67     student's due process rights;
68          WHEREAS, by requiring government support of abortion services, the U.S.
69     Department of Education's rule is in direct conflict with the abortion "neutrality" provisions
70     adopted by Congress, 20 U.S.C. Section 1688; and
71          WHEREAS, under Utah Code Title 63G, Chapter 16, State Sovereignty, the Legislature
72     has authority to prohibit a government officer from enforcing a federal directive if the
73     Legislature determines the federal directive violates the state's rights and interests to provide
74     for the health, safety, and welfare of, and promote the prosperity of, the state's residents:
75          NOW, THEREFORE, BE IT RESOLVED that the Utah Legislature finds that the New
76     Regulations disadvantage women and girls who participate in women's and girl's sports by
77     requiring that they compete against biological males.
78          BE IT FURTHER RESOLVED that the Utah Legislature finds that the New
79     Regulations harm Utah's women, men, and children by imposing requirements on student
80     speech and due process rights.
81          BE IT FURTHER RESOLVED that the Utah Legislature finds that the New
82     Regulations usurp the state's laws on abortion.
83          BE IT FURTHER RESOLVED that the Utah Legislature finds that the New
84     Regulations force Utah's public education system and system of higher education to choose
85     between following Utah law or a federal directive that politicizes education by compelling
86     compliance or risk the loss of federal funds for programs and activities.
87          BE IT FURTHER RESOLVED that, in accordance with Utah Code Title 63, Chapter
88     16, State Sovereignty, the Utah Legislature finds that the New Regulations restrict and infringe
89     upon the state's right to provide for the state's health, safety, and welfare and are irreconcilable

90     with the state's sovereign obligation to promote the prosperity of its citizens.