A new Utah bill would protect religious clubs at universities

SALT LAKE CITY — A bill that would ensure rights for belief-based organizations on public university campuses across the state advanced through a House committee on Tuesday.

HB390, sponsored by Rep. Karianne Lisonbee, R-Clearfield, would require that belief based groups are treated the same as other student organizations. These belief-based student organizations include religious, political and ideological clubs.

In the U.S. Supreme Court case Christian Legal Society v. Martinez, decided in 2010, a Christian group was denied recognition by UC Hastings College of Law in San Francisco because the group wanted to limit voting membership or leadership positions to people who agreed with the group's statement of faith. The justices sided with the school, which said all campus groups must follow their nondiscrimination policies. Since that ruling, many groups at universities across the country have had to change their rules in order to remain a registered student organization.

If this bill passes, Utah would become the 20th state to pass legislation to protect belief-based student organizations.

"This kind of legislation has been increasingly bipartisan," said Lance Kinzer, with First Amendment Partnership, on Tuesday.

The bill before the Utah Legislature would allow student organizations to choose their own leader who adheres to the group's beliefs.

"This bill would protect and ensure that the diverse range of student groups of all creeds and points of view — conservative, liberal and otherwise — are free to operate as registered student clubs and to require that their leaders adhere to the group's sincerely held beliefs," Lisonbee said.

HB390 would ensure that these student groups are entitled to the same benefits that all other student groups receive. It also would protect these belief-based groups from being denied certain benefits because of their viewpoint or beliefs.

If one of the rights protected by HB390 is violated, then the law could be used by the student organization as protection from judicial action.

Kinzer said this bill works to promote "the idea of faith as a common good, particularly the ability of people of faith to participate in society while living consistently with their sincerely held religious beliefs."

Lisonbee said that HB390 does not conflict with HB261, passed last year, which deals with diversity, equity and inclusion programs.

"This really is just about not protecting any one point of view but protecting all points of view," Kinzer said.

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