How Will Sundance Institute’s Programs Be Impacted by the Enactment of Utah’s HB 257?

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This news post will be updated as we learn more.

During the 2024 Utah Legislature session, on January 30, 2024, Governor Spencer Cox signed into law HB 257, “Sex-based Designations for Privacy, Anti-bullying and Women’s Opportunities,” 

ACLU of Utah and Equality Utah, the state’s LGBTQ civil rights and advocacy organization, have created the following FAQ to interpret the new law which we want to further share as a resource for our community who may be seeking accurate information and a better understanding of the bill. 

They have said, “Misleadingly titled “Sex-Based Designations for Privacy, Anti-Bullying, and Women’s Opportunities,” HB 257 bars transgender, nonbinary, and gender-nonconforming people from accessing privacy spaces and other facilities in public schools and government owned or controlled spaces. Despite the heated rhetoric around this legislation, our legal analysis of HB 257 has determined that the scope of the new law is, in fact, more limited than the news coverage of this bill would suggest.”

The analysis from the ACLU of Utah an Equality Utah further states:

  • The primary impact for transgender and non-binary youth will be in public school bathrooms, changing rooms and locker rooms
  • Outside of K-12 public schools, the bill’s impact will only be in changing facilities in government owned buildings, most often found in recreation centers owned and operated by cities and counties. 
  • There is no legal consequence in the new law for transgender or nonbinary people in Utah using restrooms in government owned buildings that match their gender-identity, there are only penalties for people who use the bathroom for improper purposes or who engage in prurient behavior.
  • The new law does not apply to bathrooms and changing facilities in places like restaurants, hotels, theaters, malls, etc. that are privately owned.
  • People in Utah should not be forced to live in fear of discrimination or surveillance when using facilities that match who they are. While HB 257 challenges the dignity of transgender, nonbinary, and gender-nonconforming Utahns, there are still many state and federal laws that provide protection for LGBTQ people.

The full FAQ with analysis can be found here: https://www.acluutah.org/en/know-your-rights/faqs-hb-257

The enforcement provisions of the legislation will not be in effect until May 1, 2024.

We are in the early stages of planning for both our Utah based 2024 free public summer programs and the 2025 Festival. As we do so, we interpret this law will allow our trans, nonbinary, and gender-nonconforming community to continue to safely attend our events and as we confirm venues, we will work to ensure this. 

As an arts nonprofit our role is to nurture artists and provide a place for communities to come together, converse, and engage with their stories. We will do everything we can to continue this for our full community. 

 

We want to assure the trans, nonbinary, and gender-nonconforming community that they will always have a place as part of the Sundance community and we commit to guaranteeing a safe and secure place for Sundancers. 

 

We will continue to listen and speak with Equality Utah and ACLU Utah, as well as legal experts to make sure Sundance is safe, welcoming, and inclusive to all our artists, staff, volunteers, and audiences those who travel to Utah and those who reside here throughout the year. 

 

We are champions for diverse voices within our industry, and many of the films supported by Sundance show the importance of fostering an inclusive environment. For decades Sundance artists’ stories have been changing hearts and minds, sparking new levels of empathy and understanding all of which can lead to true social change. We believe in the power and possibility that comes along with lifting up the voices of transgender artists and have sought out, supported, and amplified their artistic visions. At Sundance Institute, trans storytellers will always have a place to cultivate their artistic craft, their sense of community, and most importantly, their joy. Supporting trans storytelling is critical work we do as a nonprofit all year round at Sundance.

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