I’m not a fan of the Utah Legislature. To be fair, when looking at the big picture, they get the job done. State government is funded and operates better than a lot of states, the state bond rating is solid, stuff generally works.
They even try to do the right thing now and then. They are trying to do something about the shrinking Great Salt Lake, for example, while at the same time, goosing growth that is the cause of the Lake’s demise.
The “must-do” gets done, leaving them far too much time for recreational pursuits like banning books and their creepy fixation on public bathrooms. And creating special entities to build ski resorts without local zoning.
On your November ballot, you will get to vote on an amendment to the Utah Constitution. It’s an amendment the Legislature thought was so urgent that they called themselves into special session to adopt it, and then also adopted a new statute changing the calendar for proposing and processing amendments, so they could rush it on to the November ballot rather than waiting until the next election, which the current schedule would have required.
So what’s this emergency that has them in such a panic? Has an important part of the tax structure been ruled unconstitutional, threatening the ability to pay for snow plows this winter? Is there an issue with the criminal code that will open the doors of the prisons? Did something change that will allow liquor to be sold any place that sells guns? Did somebody use the wrong bathroom at the airport? No, it’s far worse than that.
The Legislature is in a panic because the Utah Supreme Court recently ruled that even the Legislature itself is subject to the Utah Constitution, and the limits that places on its power. Well, I never ….
Following the 2020 U.S. Census, the states were required to revise their congressional districts so that each district is roughly equal in population. At the same time, the legislative districts for the state Legislature also get revised to balance them by population, and in Utah’s case, to unbalance them by political party.
The process had been under the control of the Legislature, and they cravenly used it to guarantee political control by gerrymandering districts. An enclave of Democratic votes in Salt Lake and Summit Counties got split up in a way that makes it almost impossible that Democrat will ever be elected to Congress, for example.
Utah is not unique in the abuse of the redistricting power, and both political parties do it when they can get away with it.
A citizens group proposed a referendum that required the redistricting process to be taken away from the Legislature and handed off to a theoretically non-partisan committee appointed by the governor. That committee would draw the new maps, and the Legislature could either accept or reject them. Voters liked the idea, and the referendum passed and the independent redistricting commission became law.
The Legislature didn’t like that, and despite the referendum having passed by a vote of the citizens of Utah, the Legislature quickly passed laws that gutted the citizen-passed initiative, and put themselves back in control. The independent committee was reduced to an “advisory” role.
The sponsors of the redistricting initiative sued, and after a long grind through the court system, the Utah Supreme Court, who are all appointed by a generation of Republican Governors, ruled that the Legislature’s actions were, I think the legal term is “bull pucky.” The court said the Legislature does not have the power to materially modify initiatives passed by the voters unless there is some compelling state interest in doing so. The Legislature is not above the law.
The Legislature is having no part of that. They want us to vote to relinquish our (very limited) initiative and referendum power. Without irony, the proposed constitutional amendment starts out: All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government through the processes [outlined in the referendum statute]. And then it goes on to rip the heart out of the referendum statute by allowing the Legislature to amend any referendum they don’t like out of existence. So much for the inherent power of the people.
Then, just for good measure, they want term limits for judges, specifically the Supreme Court justices who had the nerve to suggest that the Legislature is, in some small way, answerable to the people. But no term limits for the members of the Legislature.
This crap passed the Utah House 54-21, and the Utah Senate 20-8.
So what do we do about it? Well, first off, vote “no” on the amendment in November. They apparently need a reminder that they are the hired help, not the owner of this popsicle stand. Then vote against the incumbents who supported this power grab. It’s clear that the only way to change the Legislature is to change the legislators. A depressingly high number of them are running unopposed. No wonder they think they can get away this this stuff.
And just for good measure, read a banned book in the bathroom of your choosing.
Tom Clyde practiced law in Park City for many years. He lives on a working ranch in Woodland and has been writing this column since 1986.