The Utah Legislature is considering a bill that paves the way for the transgendered to seek a legal sex change. I have been in contact with the author of the bill, Senator Todd Weiler, since the bill was first introduced. Initially, Senator Weiler told me that the bill was simply meant to provide guidance to judges for these matters, rather than allow the judges to legislate from the bench. Believe it or not, Utah has had a law in place for 43 years that about half of our judges interpret to allow a legal sex change. The language is somewhat obscure, but it is in place.
As this bill has progressed now through 3 substitute bills, it has followed a normal course for a controversial bill, first tipping in favor of one side in the debate, then of the other. However, the 3rd substitute of the bill, available at https://le.utah.gov/~2018/bills/static/SB0138.html, offers 3 options – “male, female, or other,” and requires nothing more than a “sincerely held belief” of a sex change.
The biggest problem with this bill is the risk to conservative churches like ours. Our church would not accept a homosexual couple into membership. That would violate our deepest convictions about the nature of marriage and God’s view of sexuality. Currently, state law protects our right to take this position. Of course, if a homosexual couple came to faith in Jesus Christ, we would accept them into membership once they dissolved their marriage and the homosexual relationship.
But suppose we are discussing a gay couple, and one of the partners in the marriage sought and obtained a legal sex change. Would the law still consider the couple to be a gay couple? Would the law require us to treat them as a heterosexual couple?
By conviction, should a couple like that profess faith in Jesus Christ and apply to our church or a church like ours for membership, we would make the same stipulation as in the case of a gay couple. But would the law accommodate us in this position? I say that it is impossible to know. Certainly, the legal standing would change, and no doubt this would be tested in court. Cultural pressure is already decidedly against us. I see this as a losing situation for our church and every church that takes the same stand as ours.
For our LDS friends, a similar question must be considered. If an individual were to seek and obtain a legal sex change, would they then be qualified for a priesthood position in the LDS church, and would the LDS church be at risk if they denied them that position? Again, we are too early in this process to know the answer to that question. But I believe that the LDS church or perhaps a church like mine would eventually find themselves dragged into court over this issue.
For this reason, I am urging all Utah residents to contact their Senator and urge them to vote against this bill.