Gay marriage legal utah

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Utah law allows married adults to jointly petition for adoption, and this applies equally to same-sex married couples.

Requirements for Marriage in Utah

To legally marry in Utah, individuals must obtain a marriage license from any county clerk’s office. This applies to foster parenting as well (§ 62A-4a-602).

Second parent adoption is outlawed as well for same-sex couples.(§ 62A-4a-60)

Intersex infant surgery in Utah

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Intersex infant surgery in Utah is not banned.

Serving openly in military in Utah

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Serving openly in military in Utah is lesbians, gays, bisexuals permitted, transgender people banned.

Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.

From then until March 18th, 2025, The U.S.

military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.

Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.

Blood donations by MSMs in Utah

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Blood donations by MSMs in Utah is legal.

Current status
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months.

Marriages can be solemnized by various authorized individuals, including:

  • Ministers
  • Rabbis
  • Priests
  • County clerks
  • Judges
  • Certain public officials

Two witnesses, aged 18 or older, must also be present at the ceremony.

Recognition of Out-of-State Same-Sex Marriages in Utah

Same-sex marriages legally performed in other states or jurisdictions are fully recognized as valid in Utah due to the U.S.

Supreme Court’s ruling in Obergefell v. Whether you are planning for immigration or simply seeking recognition and dignity as a couple, here is how Utah’s virtual marriage system can help.

Why Utah?

Utah is one of the only states that allows remote marriage ceremonies under its law.

As it stands now, the 10th Circuit Court’s opinion is the controlling opinion, which makes Utah’s same-sex marriage ban unenforceable. Utah 2013). Couples who married outside of Utah do not need to remarry within the state. Many countries still do not recognize same-sex marriage, forcing loving couples to put their futures on hold.

Thanks to the State of Utah, there is now a secure, legal way for LGBTQ couples to marry entirely online without ever stepping foot in the United States.At KAZA Law, we have seen firsthand how this process has changed lives. In their complaint, they alleged that the provisions relating to same-sex marriages were a violation of their Equal Protection and Substantive Due Process rights that are guaranteed to them under the U.S.

Constitution. This option can be life-changing for couples separated by borders or living in places where marriage equality isn’t recognized. In order to be successful under these arguments, the right at issue, the right to marry, had to be considered a fundamental right by the court. These marriages are afforded the same rights and protections as those performed within Utah.

Religious Freedom and Same-Sex Marriage in Utah

While same-sex marriage is legally recognized in Utah, the state also upholds laws concerning religious freedom.

The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.

Equal age of consent in Utah

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Equal age of consent in Utah is equal.

Current status
Age of consent laws are equitable regardless of gender or sexual orientation.

Same-Sex Marriages in Utah

How Same-Sex Marriages came to be recognized in Utah

In 2004, in response to the growing number of states recognizing same-sex marriages, the Utah Legislature passed § 30-1-4.1 which declared that “it is the policy of this state to recognize as marriage only the legal union of a man and a woman….” To further support this policy, 66% of the voters in Utah passed “Amendment 3” in 2004, becoming § 29 of Article I of the Utah Constitution.

Hodges. Such provisions do not, however, undermine the state’s recognition of same-sex marriage.

State officials are legally obligated to issue marriage licenses to all eligible couples, including same-sex couples, and cannot refuse based on religious objections. Herbert found Utah’s ban on same-sex marriage unconstitutional, leading to a brief period where same-sex couples could marry in the state.

Although the U.S.

Supreme Court temporarily stayed the Kitchen v. These rights include inheritance, hospital visitation, and medical decision-making.

State-level tax benefits, property rights, and the ability to jointly adopt children are also afforded to same-sex spouses.

gay marriage legal utah

The case was filed in one of Utah’s District Court’s, and the court ruled in favor of the plaintiffs concluding that “[a]ll citizens, regardless of their sexual identity, have a fundamental right to liberty, and this right protects an individual’s ability to marry and to intimate choices a person makes about marriage and family.” Kitchen v. Herbert ruling in January 2014, pausing further marriages, the Tenth Circuit Court of Appeals affirmed the lower court’s decision.