Utah Constitution Article 03 Ordinance
Utah Constitution – Article III: Ordinance
Article III of the Utah Constitution is titled “Ordinance” and was included as a requirement for Utah’s admission to the Union in 1896. It sets forth certain perpetual agreements and conditions between the State of Utah and the United States government. These are binding provisions that cannot be changed without the consent of the U.S. Congress.
Here is a summary of the key provisions in Article III:
Section 1: Religious Toleration – Polygamy Forbidden
Religious freedom is guaranteed: There shall be no religious test for office, and no one shall be persecuted for their religion.
Polygamy and plural marriages are prohibited forever. This was a condition for statehood, responding to national concerns about the practice among some in Utah at the time.
Section 2: Territorial Debts and Liabilities
Utah assumes all debts and liabilities incurred by the Territory of Utah before statehood.
Section 3: Public Lands
The people of Utah disclaim all right and title to the unappropriated public lands within the state. These lands remain under the control of the United States unless otherwise disposed of by the federal government.
Section 4: Taxation of Lands and Property
Federal lands not sold or otherwise disposed of remain exempt from taxation by the state.
However, property owned by railroads, telegraph, and telephone companies that is not used for federal purposes is subject to taxation.
Section 5: Indian Lands
Indian lands shall remain under the absolute jurisdiction and control of the United States unless otherwise directed by Congress.
Section 6: Schools and Education
Lands granted for the support of public schools must be used solely for that purpose.
Schools shall be free from sectarian control or influence.
Section 7: Use of Water
The use of water for irrigation and domestic purposes is a public use and subject to state regulation and control.
This Ordinance forms a compact with the United States and is considered unchangeable by the state unless approved by Congress, meaning its provisions are of federal constitutional weight within Utah.
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