Dr. Ellen Brady | Published on 2/10/2026
As we watch the rapid and relentless march toward autocratic and lawless rule unfold at the national level, it is easy to miss the equally devastating attacks that Utah’s legislature is executing. It’s time to take off the blinders, connect the dots, see the big picture, and push back. The actions of this year’s Utah Legislature are not, in far too many ways, in the interest of our constitutional freedoms under a democratically elected representative government. Committee after committee has pushed controversial bills forward in spite of overwhelming public opposition. Most of those bills serve to consolidate legislative power and undermine the checks and balances of voters and the judiciary.
Attacks on Judicial Branch have already gained substantial press. SB134, which is already signed into law added two justices to the Supreme Court in time to weigh in on the cases involving Prop 4 and abortion. HJR13 is a proposed constitutional amendment that would allow the legislature to institute special recall elections for judges, while HB392 will set up a special three-judge panel to hear “constitutional” cases, again under the guise of “fairness”. Both were over the objections of the courts, lawyers, judges, and the public. Legislative actions in other years have made it harder for the courts to issue an injunction against a law passed by the legislature. Beyond the legal and procedural objections of the courts themselves, these laws have uniformly come in the context of court rulings that have angered the legislature. All of these strengthen the legislature’s hand, making it harder for the public, through the courts, to restrain the legislature from implementing unconstitutional and harmful laws.
Voting rights have been another major front in the Republican Party’s efforts to consolidate power and control. The court battles over Prop 4/redistricting are key. More than anything else, the legislature wants sole control over district maps, making it clear that the objective is that of ensuring GOP wins. Beyond maps, multiple bills are introduced each year disguised as efforts to “prevent fraud” in spite of evidence that, at worst, fraud is minimal and generally due to process errors that can be addressed by county clerks. Furthermore, non-citizens have NOT voted. In reality the clear intent of these laws is that of voter suppression. Last year, universal mailed ballots were taken away, leaving opt-in mailed ballots that require ID beyond signature verification. Another law declared that only mailed or dropped ballots received (vs postmarked) by the end of election day would be counted. This year is no different. Two bills (HB209 and HB392) contain provisions that will distinguish between voters who are registered for state and local elections vs those only eligible to vote in federal elections. Proof of citizenship through a specified list of documents would be required to vote in the former. Those provisions are similar to those in the federal SAVE Act currently being pushed through Congress again by Senator Mike Lee, a measure that would substantially jeopardize the right of women and other marginalized groups to vote in federal elections. Utah’s HB 479 would require persons to return mailed ballots to drop boxes staffed by poll workers who would then perform “identity checks.”
More broadly, our First Amendment Rights are under serious challenge. In past legislative sessions, Utah has led the way in banning books from school libraries, censoring school curricula, and targeting the right of women and trans persons to bodily autonomy. Attempts to erase efforts to ensure fair and equitable treatment regardless of gender, race, ethnicity, and religion through “anti-DEI” measures have serve to stifle freedom of opinion, to erase discussion of societally important topics, and to render persons “invisible”. This year, HB331 threatens, if passed, to severely restricts public protests by aligning the definition of terrorism with federal definitions, prohibiting protests that block traffic or involve other “public” places, and prohibiting “concealment of identity,” ie, wearing a mask while committing a “crime.”
Finally, Utah’s cooperation with ICE as they begin to actively invade our streets puts Utah citizens and residents—both legal and undocumented--at risk of warrantless apprehension and detention outside of the legal boundaries of ICE mandates and often without timely recourse to constitutionally protected due process.
It's time to stop sitting on the sidelines. Familiarize yourself with le.utah.gov—it contains a wealth of information and ways to engage with your legislators and the bills they are sponsoring. Call them, text, them, write them. Attend committee hearings on bills (you can do it remotely) and voice your support or opposition during public comment. Write letters to the editor. Share information on social media. If you are a Democrat in hiding, I also encourage you to change your affiliation to Dem—it will allow you to get a mailed ballot for the Democratic primary. It matters, especially if you live in the new Congressional District 1. Attend Caucus Meetings (March 15 for Salt Lake County) and run for Delegate from your precinct. Better yet run for Precinct Chair. Find candidates to support and help them with dollars and shoe leather. It’s our country and our state if we wish to keep it.