Hibben: The Utah State Legislature Is Out of Control
April 15, 2022
Republicans are known for their love of limited government. However, the Republican-controlled Utah State Legislature is out of control. Most recently, they bypassed Gov. Spencer Cox’s veto against House Bill 11, the discriminatory bill that outlawed transgender students from participating in their school’s sports. The legislature dramatically changed the bill in the last moments before the session finished. This bill is the most recent of a multitude of steps the Utah State Legislature has taken to hoard power away from the governor, local governments and Utahns.
Utah’s state legislators’ power over Utah policy allows them to exercise executive control over local government issues. This trend of concentrated power in the legislature is dangerous. If Utah is truly a state of limited government, we must stop the legislature’s attempts to gain for greater authority.
Rep. Kera Birkeland originally introduced H.B. 11 as a compromise to her failed bill from last year that would’ve completely banned transgender students from competing in sports. H.B. 11 proposed to create a commission that would set standards for acceptable body features of students. This commission would’ve examined and discussed minors’ bodies to determine if they could compete next to other students of the same gender.
Even though this bill would’ve already created significant barriers and creepy inspection of children’s bodies, some Republicans in the Utah State Legislature felt it didn’t go far enough. Hours before the session ended and away from public criticism, Republican senators passed an outright ban on transgender children playing sports.
Gov. Cox vetoed the bill, and wrote a letter that highlighted some heartbreaking impacts of the bill. He stressed that it would not only increase discrimination and suicide risk for transgender kids, but that this bill was targeting only four students in the state. “ I don’t understand what they are going through or why they feel the way they do,” he said. “But I want them to live.” Only one of these children is playing girls’ sports, demonstrating how Republican senators let their fears of change run out of control to attack a handful of children.
Unfortunately, legislators overrode Gov. Cox’s veto. This isn’t the first time the Utah legislature has ignored the views and valid opinions of Utahns.
The legislature overstepped into the executive territory by passing House Bill 183, which required the approval of both houses’ leaders for schools to transition from in-person to remote learning. This took away the school’s rights to protect students from the continuing COVID-19 pandemic. It gave the legislature the power to enforce laws, a power typically reserved for the executive.
Even as the risk of another COVID-19 strain threatened Utah, the legislature took control over local governments and ended mask mandates in Salt Lake and Summit counties. High schoolers protested this action, one junior stating “People are going to die as a result of this bill.”
Legislators have also found new ways to insert themselves into local issues. Voting seats for local counties on the controversial Inland Port Authority’s voting board were ditched and replaced with legislature-controlled appointments. This happened despite multiple protests from Utahns, arguing that the port would pollute Utah’s environment and cost taxpayers millions. These authorities seek to assert control over local issues and keep them in line with the legislature’s interests.
Utah’s government aims to work similarly to our federal system, with an equal balance between the three branches. The actions of the legislature contradict Republicans’ constant arguments for limited government.
Taking control over local issues not only disenfranchise local leaders, but also the views and voices of Utahns. Local leaders are more well-connected to their communities than legislators, whose districts span large areas with different kinds of people. Taking away the votes of local leaders allows the Utah legislature to exert control over the state in places they do not belong. If Republicans wish to continue their narrative of pro-limited government, they must step back from encroaching on local and executive powers.
Local leaders have local governance for a reason because they are better suited to solve and listen to community members. Executive powers are strictly given to our executive branch to prevent executive tyranny. A legislature out of control is a dangerous, unpredictable force. Making decisions in haste, without listening to the opinions of Utahns, is not democratic and should not be Utah’s system for policy and change.