Utah
Menzies v. Utah Department of Corrections
Article I, section 9 of the Utah Constitution protects incarcerated individuals from both cruel and unusual punishment and unnecessarily rigorous treatment. This case asks whether death-sentenced plaintiffs seeking to challenge certain execution methods as cruel and unusual or unnecessarily rigorous under this provision must identify, in their pleadings, an alternative method of execution. The U.S. Supreme Court has required this alternative for Eighth Amendment challenges, but the ACLU’s State Supreme Court Initiative, alongside the Capital Punishment Project and ACLU of Utah, filed an amicus brief in support of the plaintiffs, arguing that federal caselaw does not limit the greater protections provided by section 9 of the Utah Constitution. Forcing prisoners challenging a method of execution to identify an acceptable alternative method is cruel, coercive, and not necessary to the administration of Utah’s death penalty laws.
Status: Ongoing
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9 Utah Cases
Utah Supreme Court
Jul 2024
Voting Rights
Utah State Legislature v. League of Women Voters (Amicus)
This case involves a state constitutional challenge to the Utah Legislature’s 2021 redistricting plan, which was drawn to entrench the majority political party’s power and to discriminate against Utahns whose political expression aligns with an opposition political party. The ACLU and the ACLU of Utah filed an amicus brief in support of the challenge in the Utah Supreme Court, explaining why the redistricting map violates Utahns’ free-expression rights and why courts have the authority to block the map as unconstitutional.
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Utah Supreme Court
Jul 2024
Voting Rights
Utah State Legislature v. League of Women Voters (Amicus)
This case involves a state constitutional challenge to the Utah Legislature’s 2021 redistricting plan, which was drawn to entrench the majority political party’s power and to discriminate against Utahns whose political expression aligns with an opposition political party. The ACLU and the ACLU of Utah filed an amicus brief in support of the challenge in the Utah Supreme Court, explaining why the redistricting map violates Utahns’ free-expression rights and why courts have the authority to block the map as unconstitutional.
Utah Supreme Court
Nov 2023
Prisoners' Rights
Natalie R. v. State of Utah
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine—and thus limit access to justice for people whose civil rights and liberties have been violated—is an open question in many states. This case involves the scope of Utah courts’ authority to review important constitutional claims.
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Utah Supreme Court
Nov 2023
Prisoners' Rights
Natalie R. v. State of Utah
In recent years, federal courts have relied on what’s called the “political question doctrine” to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine—and thus limit access to justice for people whose civil rights and liberties have been violated—is an open question in many states. This case involves the scope of Utah courts’ authority to review important constitutional claims.
Utah Supreme Court
Nov 2023
Civil Liberties
Human Rights
Barrani v. Salt Lake City
Hundreds if not thousands of Salt Lake City, Utah, residents have nowhere safe to stay and must live and sleep in public. This case—brought by a small group of residents and businesses—involves the question whether this citywide homelessness crisis constitutes a nuisance under Utah state law. It also presents the question whether Salt Lake City can be ordered to clear encampments, forcibly relocate people who are unhoused, and enforce vague and overbroad laws criminalizing homelessness where doing so will likely, if not certainly, violate unhoused people’s state and federal constitutional rights. The ACLU’s State Supreme Court Initiative and Trone Center for Justice and Equality, along with the ACLU of Utah and the Salt Lake Legal Defenders Association, represent amici curiae in the trial court who oppose the plaintiffs’ nuisance claims and their request for relief.
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Utah Supreme Court
Nov 2023
Civil Liberties
Human Rights
Barrani v. Salt Lake City
Hundreds if not thousands of Salt Lake City, Utah, residents have nowhere safe to stay and must live and sleep in public. This case—brought by a small group of residents and businesses—involves the question whether this citywide homelessness crisis constitutes a nuisance under Utah state law. It also presents the question whether Salt Lake City can be ordered to clear encampments, forcibly relocate people who are unhoused, and enforce vague and overbroad laws criminalizing homelessness where doing so will likely, if not certainly, violate unhoused people’s state and federal constitutional rights. The ACLU’s State Supreme Court Initiative and Trone Center for Justice and Equality, along with the ACLU of Utah and the Salt Lake Legal Defenders Association, represent amici curiae in the trial court who oppose the plaintiffs’ nuisance claims and their request for relief.
Utah
Jun 2023
Free Speech
LGBTQ Rights
Southern Utah Drag Stars, LLC v. City of St. George
This case is about whether a city government’s selective and discriminatory refusal to permit a family-friendly drag event in a public park violated the event organizers’ First Amendment right to free speech and the Fourteenth Amendment’s guarantee of equal protection, and related provisions contained in the Utah Constitution.
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Utah
Jun 2023
Free Speech
LGBTQ Rights
Southern Utah Drag Stars, LLC v. City of St. George
This case is about whether a city government’s selective and discriminatory refusal to permit a family-friendly drag event in a public park violated the event organizers’ First Amendment right to free speech and the Fourteenth Amendment’s guarantee of equal protection, and related provisions contained in the Utah Constitution.