The Utah Senate Democratic Caucus releases the following statement after H.J.R. 301 Joint Resolution- Legislative Findings on State Sovereignty in Regard to Title IX and H.C.R. 301 Concurrent Resolution-Directives to Government Officers Under the Utah Constitutional Sovereignty Act in Regard to Title IX passed the Utah State Legislature:
“In the same way in which we opposed SB 57 Utah Constitutional Sovereignty Act during the 2024 Legislative Session, we now stand united in our firm opposition to both H.J.R. 301 and H.C.R. 301. These resolutions, binding and enforceable under SB 57, mandate that government employees and educators defy recently amended Title IX regulations. This represents a misguided and unconstitutional directive that jeopardizes the future of our state’s education system. By rejecting these regulations, we risk losing $696 million in federal funds that sustain our public education system.
We are a country of law and as legislators we swear to uphold the U.S. constitution. These resolutions challenge this oath by directing government and education employees to blatantly disregard federal regulations, risking a conflict with the Supremacy Clause, which establishes that federal law takes precedence over state laws. Non-compliance with federal Title IX regulations poses a risk of losing $696 million in federal funds that support child nutrition, special education, Title programs, and career and technical education programs.
The resolutions also undermine the protections and opportunities that Title IX affords to students, particularly those from marginalized and vulnerable groups. We are deeply disappointed to see yet another attack against our transgender children and community. Our caucus echoes Senator Jen Plumb’s statement made on the Senate floor today: “This dialogue is very confusing, frustrating, and saddening. It feels that you have already won this war against a very small group of already marginalized communities. This feels targeted, this feels politicized, and it truly feels like we are doubling down on a group of people who are already an unloved section of our population. There is no right way to implement wrong policy.” To our transgender children and community: we see your pain, your struggles, and your bravery, and we will continue to fight for you.
Our caucus believes in fiscal responsibility and recognizes that there is pending litigation on this issue. Waiting for those decisions would have been the correct and fiscally responsible way to address this matter.”
