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Senate approves bill to narrow state civil‑rights reach for some fraternal and charitable organizations

Utah State Senate · February 7, 1994
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Summary

After extended debate triggered by a lawsuit involving the Elks Club, the Utah Senate approved SB72 to exempt certain fraternal/charitable organizations from parts of the state civil‑rights act; the floor vote was 24–4 with 1 absence.

The Utah Senate voted to alter the definition of "enterprise regulated by the state" in the state Civil Rights Act so it no longer reaches certain fraternal, sororal and charitable organizations in the context described by sponsors.

Sponsor Sen. Mike Dimitrich told the Senate the bill was drafted in response to litigation involving the Elks Club and would prevent a liquor‑license connection from subjecting these private organizations to state civil‑rights enforcement. "This bill was brought about because of a suit in the state of Utah involving the Elks Club," Dimitrich said, and he outlined the bill’s intent to protect charitable fundraising and auxiliary activities.

Opponents warned the change could roll back protections and create a statutory loophole that would allow private clubs with state‑regulated liquor licenses to exclude members on protected grounds. Sen. Steiner said the proposal would, in effect, "withdraw well settled rights from these groups of people," and urged colleagues to preserve the state’s broader civil‑rights reach. Sen. Watson and other supporters argued the bill does not force clubs to accept new members; instead, they said, it separates ownership of private clubs from the liquor‑license regulatory touchpoint that plaintiffs used in the lawsuit.

After floor amendments and extended debate about state action, association rights and potential federal litigation, the Senate recorded a roll call of 24 ayes, 4 nays, and 1 absence; the bill was placed for further Senate reading and processing per legislative rules.

Supporters said the bill protects charitable fundraising by longstanding community groups while recognizing Utah’s unique liquor‑control regime; critics said it risks narrowing civil‑rights enforcement and could prompt federal court challenges. The measure moves forward under the Senate’s calendar for additional readings and enrollment.