1. (1) A government entity may not, on the basis of sex, exclude an individual from participation in, deny an individual from the benefits of, or subject an individual to a sex-based distinction in or under any government or otherwise publicly owned or controlled facility, program, or event, unless the distinction is substantially related to an important government objective.
2. (2) Each government entity shall ensure the preservation of distinctions on the basis of sex that protect individual privacy and competitive opportunity, as described in this chapter.

3. (3)

   1. (a) As used in this Subsection (3), "athletic facility" does not include a privacy space.

   2. (b) To preserve the individual privacy and competitive opportunity of females, an individual is not entitled to and may not access, use, or benefit from a government entity's athletic facility, program, or event if:

      1. (i) the facility, program, or event is designated for females; and
      2. (ii) the individual is not female.

   3. (c) To preserve the individual privacy and competitive opportunity of males, an individual is not entitled to and may not access, use, or benefit from a government entity's athletic facility, program, or event if:

      1. (i) the facility, program, or event is designated for males; and
      2. (ii) the individual is not male.

4. (4) Subsections (1) through (3)and Subsection 63G-31-204(4) do not apply to:

   1. (a) a determination of the School Activity Eligibility Commission, created in Section 53G-6-1003, regarding a student's athletic eligibility; or
   2. (b) the participation of a student, if the student has obtained the eligibility approval of the commission under Subsection 53G-6-1004(2), in a gender-designated interscholastic activity that does not correspond with the sex designation on the student's birth certificate, as those terms are defined in Section 53G-6-1001.

Amended by Chapter 11, 2025 General Session