63G-20-201.  Provisions governing solemnizing or recognizing a marriage — Prohibition against employment actions.
     Notwithstanding any other provision of law, a state or local government or a state or local government official may not:

(1)  require a religious official, when acting as such, or religious organization to solemnize or recognize for ecclesiastical purposes a marriage that is contrary to that religious official’s or religious organization’s religious beliefs;

Terms Used In Utah Code 63G-20-201

  • Religious official: includes an individual designated by the religion as clergy, minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is acting as such. See Utah Code 63G-20-102
  • Religious organization: means :
(a) a religious organization, association, educational institution, or society;
(b) a religious corporation sole; or
(c) any corporation or association constituting a wholly owned subsidiary, affiliate, or agency of any religious organization, association, educational institution, society, or religious corporation sole. See Utah Code 63G-20-102
  • State or local government: means :
    (a) a state government entity, agency, or instrumentality; or
    (b) a local government entity, agency, or instrumentality. See Utah Code 63G-20-102
  • State or local government official: means an officer, employee, or appointee of a state or local government. See Utah Code 63G-20-102
  • (2)  if the religious official or religious organization is authorized to solemnize a marriage by Section 30-1-6, deny a religious official, when acting as such, or religious organization the authority to legally solemnize a legal marriage based on the religious official’s or religious organization’s refusal to solemnize any legal marriage that is contrary to the religious official’s or religious organization’s religious beliefs;

    (3)  require a religious official, when acting as such, or religious organization to provide goods, accommodations, advantages, privileges, services, facilities, or grounds for activities connected with the solemnization or celebration of a marriage that is contrary to that religious official’s or religious organization’s religious beliefs; or

    (4)  require a religious official, when acting as such, or religious organization to promote marriage through religious programs, counseling, courses, or retreats in a way that is contrary to that religious official’s or religious organization’s religious beliefs.

    Enacted by Chapter 46, 2015 General Session