Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes a government employee to refuse to perform marriage services based on his or her personal beliefs.

Highlights:

• Requires a county clerk to ensure that the clerk or his or her designee is available during business hours to solemnize a marriage for which a license has been issued (Sec. 1).

• Specifies that government officials authorized to solemnize marriages may solmenize a marriage at their own discretion, except for county clerks or their designees (Sec. 2).

• Prohibits an individual or a state or local government from requiring a religious official or organization to provide services for activities connected with the solemnization or celebration of a marriage that is contrary to the official’s or organization’s religious beliefs about marriage, family, or sexuality (Secs. 6 & 10).

• Prohibits a state or local government from denying or revoking a business license or disciplining or discriminating against a professional business based on the licensee’s beliefs in a nonprofessional setting concerning marriage, family, or sexuality (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes a government employee to refuse to perform certain marriage services based on his or her personal beliefs.

Highlights:

• Requires a county clerk to ensure that the clerk or his or her designee is available during business hours to solemnize a marriage for which a license has been issued (Sec. 1).

• Specifies that government officials authorized to solemnize marriages may solmenize a marriage at their own discretion, except for county clerks or their designees (Sec. 2).

• Prohibits an individual or a state or local government from requiring a religious official or organization to provide services for activities connected with the solemnization or celebration of a marriage that is contrary to the official’s or organization’s religious beliefs about marriage, family, or sexuality (Secs. 6 & 10).

• Prohibits a state or local government from denying or revoking a business license or disciplining or discriminating against a professional business based on the licensee’s beliefs in a nonprofessional setting concerning marriage, family, or sexuality (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes a government employee to refuse to perform certain marriage services based on his or her personal beliefs.

Highlights:

• Requires a county clerk to ensure that the clerk or his or her designee is “reasonably available” to solemnize a marriage for which a license has been issued (Sec. 1).

• Prohibits a county clerk from designating an employee who objects to solemnizing a marriage that would violate the employee’s sincerely held beliefs (Sec. 2).

• Requires a government official to choose 1 of the following actions regarding marriage solemnization (Sec. 2):
• Agree to solemnize all legal marriages; or
• Decline to solemnize any marriage, except the marriage of a relative.

• Authorizes an official who agrees to solemnize all marriages to decline to solemnize a specific request based upon legitimate, non-discriminatory reasons including, but not limited to, absence or scheduling conflicts (Sec. 2).

• Prohibits a state or local government from terminating, disciplining, or discriminating against a government officer or employee for refusing to solemnize a marriage (Sec. 6).

• Prohibits an individual or a state or local government from requiring a religious official or organization to provide services for activities connected with the solemnization or celebration of a marriage that is contrary to the official’s or organizations religious beliefs about marriage, family, or sexuality (Secs. 6 & 10).

• Prohibits a state or local government from denying or revoking a business license of, disciplining, or discriminating against a professional business based on the licensee’s beliefs in a nonprofessional setting concerning marriage, family, or sexuality (Sec. 8).

Full Bill Text