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Concurrent Resolution Regarding Religious Freedom
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael J. Petersen
Senate Sponsor: Keven J. Stratton
Cosponsor:
Michael L. Kohler
Calvin Roberts
Tiara Auxier
Jason B. Kyle
Jake Sawyer
Walt Brooks
Leah Hansen
Troy Shelley
Jefferson S. Burton
Karianne Lisonbee
Lisa Shepherd
Joseph Elison
Anthony E. Loubet
Rex P. Shipp
Jon Hawkins
A. Cory Maloy
Christine F. Watkins
Ken Ivory
Nicholeen P. Peck
Stephen L. Whyte
LONG TITLE
General Description:
This resolution supports and encourages practices that exemplify religious freedom in
public spaces.
Highlighted Provisions:
This resolution:
acknowledges the historical context that supports the inclusion of religion in government
and education;
supports the right of public school students and teachers to openly express their faith;
encourages the accommodation of religious observances in government and community
settings;
supports the protection of religious symbols in public spaces; and
encourages the fostering of respectful dialogue among diverse faith traditions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, the Declaration of Independence states, "We hold these truths to be
self-evident, that all men are created equal, that they are endowed by their Creator with certain
unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. That to
secure these rights, Governments are instituted among Men...";
WHEREAS, religious freedom is a foundational principle of democratic society and a
fundamental human right recognized by the First Amendment to the United States Constitution;
WHEREAS, in Thomas Jefferson's description of the Virginia Statute for Religious
Freedom of 1786, he established that religious freedom was meant to comprehend, within the
mantle of its protection, Americans of every denomination;
WHEREAS, in a 1790 letter to a Jewish congregation in Newport, Rhode Island, George
Washington wrote that the new nation he was helping build would give "to bigotry no
sanction, to persecution no assistance," and that "everyone shall sit in safety under his own
vine and fig tree and there shall be none to make him afraid.";
WHEREAS, Benjamin Franklin's creed, contained in his 1790 letter to Ezra Stiles, states
that "God [is the] creator of the universe. That he governs it by his Providence. That he ought
to be worshiped.";
WHEREAS, in his 1796 farewell address to the people of the United States, George
Washington said, "Of all the dispositions and habits which lead to political prosperity, religion
and morality are indispensable supports.";
WHEREAS, John Adams taught "Our Constitution was made only for a moral and religious
People. It is wholly inadequate to the government of any other.";
WHEREAS, the New England Primer, first published in 1690, and utilized across four
centuries, included the Ten Commandments and other theological teachings to instruct
children to read and write;
WHEREAS, Utah Constitution, Article I, Section 4, declares that the rights of conscience
shall never be infringed;
WHEREAS, in 1971, the Supreme Court in Lemon v. Kurtzman created the "Lemon Test"
that included a requirement of a secular legislative purpose, resulting in that case being cited
over 7,000 times in subsequent federal cases between the years 1971 and 2019;
WHEREAS, in 2022, the Supreme Court overturned the "Lemon Test" in Shurtleff v.
Boston declaring that the Lemon decision was "issued during a bygone era when this court
took a more freewheeling approach to interpreting legal texts...";
WHEREAS, in 2019, the Supreme Court declared in American Legion v. American
Humanist Association that longstanding religiously expressive monuments, symbols, and
practices require a strong presumption of constitutionality; and
WHEREAS, in 2022, the Supreme Court declared in Kennedy v. Bremerton that "The [free
exercise] clause protects not only the right to harbor religious beliefs inwardly and secretly. It
does perhaps its most important work by protecting the ability of those who hold religious
beliefs of all kinds to live out their faiths in daily life through the performance of (or
abstention from) physical acts.":
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
Governor concurring therein, supports and encourages practices that exemplify religious
freedom in public spaces, including the right of public school students and teachers to openly
express their faith, accommodation of religious observances in government and community
settings, the protection of religious symbols in public spaces, and the fostering of respectful
dialogue among diverse faith traditions to uphold the foundational principles of religious
liberty enshrined in the United States Constitution.
BE IT FURTHER RESOLVED that the Legislature and the Governor support protecting
religious freedom and allowing individuals of all faiths to participate freely in public life.
BE IT FURTHER RESOLVED that copies of this resolution be sent to each county
legislative body, municipal legislative body, and local school board within the state.
2-20-26 9:32 AM