Official Statement From MWEG on Fair Districting Litigation in Utah

Today, Mormon Women for Ethical Government joins the League of Women Voters of Utah and seven individual plaintiffs in a suit challenging the congressional maps drawn by the Utah State Legislature in November 2021. This challenge is a manifestation of our deep commitment to peacemaking. We are seeking redress through the courts on behalf of our members in Utah’s four congressional districts who have been denied access to representative government.

In 2018, Proposition 4 was passed by Utah voters with an aim to create a redistricting process that was neutral and fair. This represented an effort by the people to alter and reform a government process in direct response to a perceived public need. However, the Legislature opted to fully repeal Proposition 4. By doing so, and by eliminating the people’s desired anti-gerrymandering redistricting requirements, we believe the Legislature has violated the Utah State Constitution. Article 1, Section 2 declares: “All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require.” 

Fair districting provides a critical protection for the political power of the people. The sacred right to vote cannot be meaningfully exercised in systems designed to exclude alternative political viewpoints. By situating power with the people, the Utah Constitution qualifies any authority granted to the Utah State Legislature, including its ability to determine the composition of congressional districts. Its primary responsibility is to afford “equal protection and benefit” to citizens, and by rejecting outright the legitimacy of any citizen-driven checks on its power to assign districts, the Legislature has instead utilized its authority primarily to protect and benefit its political interests.

Fair districts afford citizens the opportunity to advocate effectively for the candidates and policies they prefer. Fair districts allow communities of interest to emerge and foster collaboration. But perhaps most importantly, fair districts allow individual citizens to determine when elected representatives or government systems are no longer working to preserve and defend the public welfare. Governments aligned with democratic principles will vigorously protect the ability of individual voters to act on those determinations. Utah legislators should not be allowed to utilize their political power to insulate elected officials from political consequences. The Utah State Constitution is clear and direct; it gives the people the right to alter their government, bringing it into better alignment with the public welfare. Attempts to take that power from voters must be resisted.

MWEG’s lawsuit against the Utah State Legislature and other defendants is intended to restore electoral systems that maximize participation and protect the political power of the people. This lawsuit asks the court to declare the current maps unconstitutional and require their replacement with maps that honor the expressed desires of Utah citizens. In accordance with our Principles of Ethical Government, we are holding elected representatives accountable and defending the balance required for constitutional government to function. As women inspired by our faith to defend ethical government, we have advocated for greater transparency and accountability before legislators and executives at all levels of government. Today, we proudly continue that work in the Utah courts.