Utah Code

Utah Code § 76-7-317 (2026)

Severability clause

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If any one or more provision, section, subsection, sentence, clause, phrase, or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this part shall remain effective notwithstanding such unconstitutionality. The legislature hereby declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional. This section applies to any provision, section, subsection, sentence, clause, phrase, or word of this part, regardless of the time of enactment, amendment, or repeal.

Amended by Chapter 301, 2023 General Session

Notes of Decisions
Cited in 3 cases, 1992–1996 · leading case: Leavitt v. Jane L., 518 U.S. 137 (1996).
Leavitt v. Jane L., 518 U.S. 137 (1996). · cites it 2× “" Utah Code Ann. § 76-7-317 (1995) (emphasis added).”
Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). · cites it 2× “Utah Code Ann. § 76-7-317 provides: If any one or more provision, section, subsection, sentence, clause, phrase or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the…”
Jane L. v. Bangerter, 61 F.3d 1493 (10th Cir. 1995). “Utah Code Ann. § 76-7-317 . Under Utah law, courts must ask whether the legislature would have passed the statute without the unconstitutional section when determining whether the legislature intended for certain provisions to be severable from others.”
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