Simone Lawson
The Utah Constitution has been amended at least 132 times since its ratification in 1896, with some sources stating the number to be 134. The document has been amended to reflect not just the work of its 19th-century drafters but the ongoing work of generations of Utahns. The first constitution remains in effect today, with amendments addressing issues such as religious freedom, the right to bear arms, crime victims' rights, and the right to hunt and fish.
| Characteristics | Values |
|---|---|
| Number of times the Utah Constitution has been amended | 134 times |
| First constitution | Effect from 1896 |
| Last amended | November 5, 2024 |
| Number of amendments since 1998 | 43 |
| Number of amendments from 1902 to 1930 | 11 |
| Number of amendments from 1992 to 2020 | 45 |
| Process of amendment | Legislative or convention-referred constitutional amendment |
| Voter approval required | Yes |
| Minimum voter approval percentage | 50% plus 1 |
| Legislative majority required for amendment proposal | Two-thirds |
| Legislative majority required for convention proposal | Two-thirds |
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What You'll Learn
The Utah Constitution has been amended 134 times since 1896
The Utah Constitution, first ratified in 1896, has been amended 134 times since. This makes it one of only 19 states still operating under its original constitution. The document outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Utah's journey to statehood was a long and complicated process, taking almost half a century. One of the key obstacles was the practice of polygamy in the state, which was sanctioned by the Church of Jesus Christ of Latter-day Saints. It wasn't until 1890, when the Mormon president Wilford Woodruff renounced polygamy, that Utah was permitted to begin drafting a constitution.
The original constitution reflects the values of the late 19th century. For example, it includes provisions dealing with labor, public education, corporations, and prisons. It also reflects a suspicion of centralized power and corruption, with executive power divided among the governor, attorney general, and secretary of state.
Amendments to the Utah Constitution can be made through a legislative process or a state constitutional convention. A proposed amendment must first pass a two-thirds vote in both houses of the Legislature and then be approved by a simple majority of voters. The process of amending the constitution has become more frequent in recent years, with 45 amendments ratified by voters between the 1992 and 2020 elections, compared to just 11 between 1902 and 1930.
The amendments made to the Utah Constitution over the years have significantly altered the original text. Notable amendments include the 1984 amendment providing for commission nomination with retention elections and the creation of a judicial conduct commission, the 1992 amendment repealing most of the article governing corporations, and the 2004 amendment defining marriage as "the legal union between a man and a woman."
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Amendments require a two-thirds majority in both houses of the Legislature
The Utah Constitution has been amended 134 times since its ratification in 1896, with the most recent amendments being approved on November 5, 2024. This means that the document has been amended more than once every two years on average.
Amending the Utah Constitution is a multi-step process. First, a proposed amendment must secure a two-thirds majority in both houses of the Legislature. This is a substantial hurdle, as it requires the support of a supermajority in both chambers. Once an amendment clears this hurdle, it must then be approved by a simple majority of voters. This process ensures that any changes to the constitution reflect the will of the people and have broad legislative support.
The two-thirds majority requirement in both legislative chambers serves as a critical check in the amendment process. By necessitating a supermajority, it ensures that amendments have strong legislative backing and are not enacted lightly. This safeguard helps maintain the stability and integrity of the constitution while also allowing for necessary changes to be made over time.
The Utah Legislature has shown a willingness to propose amendments, with a notable increase in amendment activity since the creation of the Constitutional Revision Commission in 1969. This commission was established to propose amendments for the legislature's consideration, and it has contributed to a higher frequency of amendments in recent decades. From 1992 through 2020, voters ratified 45 amendments, reflecting the ongoing work of generations of Utahns to shape and refine their state's governing document.
The two-thirds majority requirement in the Utah Legislature plays a pivotal role in the amendment process, ensuring that any changes to the constitution are carefully considered and broadly supported by the legislative body. This step is a crucial part of the checks and balances in place to safeguard the constitution while also allowing for its evolution to meet the needs of a changing society.
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Amendments since 1895 reflect conservative priorities
The Utah Constitution, which came into effect in 1896, has been amended 134 times. The state's constitution has been amended far more frequently than the U.S. Constitution, reflecting the ongoing work of generations of Utahns.
The original 1895 constitution reflected the era's suspicion of centralised power and corruption. Executive power was divided among the governor, attorney general, and secretary of state, and many executive functions were assigned to boards. The constitution also included extensive protections for religious freedom, which remain in place today.
Amendments since 1895 have largely reflected conservative priorities. A 1984 amendment separated the right to bear arms from militia service, providing individuals with the right to bear arms for their security, defence, and the defence of their family, property, or the state. Another amendment in the same year provided for commission nomination with retention elections and the creation of a judicial conduct commission. Amendments in 1980 and 1992 eliminated many boards, conferred new line-item veto authority, and provided for gubernatorial disability and succession. A 1994 amendment enumerated the rights of crime victims, and a 2004 amendment defined marriage as "the legal union between a man and a woman". The most recent amendment in 2020 guaranteed the right to hunt and fish, with an obligation for the state to promote wildlife conservation.
Utah has never held a revision convention and is one of only 19 states still operating under its original constitution. However, frequent amendments have significantly altered the original text. The process of amending the Utah Constitution requires a proposal by two-thirds of each legislative chamber, followed by voter ratification.
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Utah has never held a revision convention
Utah has a long and complex history on its path to statehood, which was achieved in 1896. Despite numerous amendments to the constitution, Utah has never held a revision convention, making it one of only 19 states operating under its original constitution. The state's first constitution remains in effect, though it has been amended many times—sources cite between 91 and 134 amendments.
The journey to statehood was fraught with challenges, including issues such as an insufficient population, concerns over the practice of polygamy, and struggles with the territory's stance on slavery. It was only after the Mormon Church renounced polygamy in 1890 that Utah's path to statehood became more feasible. The constitution was drafted at a convention in 1895 and later approved by Utah's citizens.
Utah's constitution has been amended frequently, with the original text rarely left intact. Notable exceptions include the declaration of rights, which includes provisions for religious freedom, due process, and freedom of speech. The right to religious freedom is a significant aspect of Utah's constitution, with provisions stating that "the rights of conscience shall never be infringed" and that there shall be "no union of Church and State".
The amendments to the constitution reflect the changing priorities and values of Utah's citizens over time. For example, amendments in 1980 and 1992 eliminated many boards and conferred new line-item veto authority, strengthening the power of the governor. A 1984 amendment created a judicial conduct commission and a judicial council, while a 1994 amendment enumerated crime victims' rights. More recently, in 2020, an amendment guaranteed the right to hunt and fish, with the state obligated to promote wildlife conservation.
While Utah has never held a revision convention, the state's constitution has been a living document, shaped by the ongoing work of generations of Utahns. The amendments reflect the state's unique history and the evolving needs and priorities of its citizens.
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The Constitution guarantees religious freedom
The Utah Constitution, which came into effect in 1896, has been amended 134 times since its ratification. The state's constitution has been amended more frequently than the U.S. Constitution, reflecting the ongoing work of generations of Utahns.
The Constitution of the State of Utah defines the basic form and operation of the state government. It guarantees religious freedom, with Article I, Section 4 stating:
> The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment.
The Constitution also includes provisions that prohibit polygamy and "plural marriages". It ensures that public schooling is free from sectarian control and that labour blacklisting is outlawed.
The Utah Constitution provides two mechanisms for amendments: a legislative process and a state constitutional convention. Amendments can be proposed by a two-thirds majority in both houses of the Legislature and must be approved by a simple majority of voters. The state has never held a revision convention, and frequent amendments have resulted in significant changes to the original text.
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Frequently asked questions
The Utah Constitution has been amended 134 times since its ratification in 1896.
Voters approved two new amendments to the Utah Constitution on November 5, 2024.
Utah voters approved 43 amendments between 1998 and 2024.
Voters ratified 11 amendments between the 1902 and 1930 elections.
The 1992 amendment repealed most of the article governing corporations. It also eliminated many boards, conferred new line-item veto authority, provided for gubernatorial disability and succession, and made other reforms.
