Author: Mike Kennedy for Utah

By Mike Kennedy, deseret.com/opinion | Posted – Feb 9, 2024 at 12:08 p.m.

This legal principle has significantly shifted the dynamics of our nation’s lawmaking, blurring lines of accountability and diminishing the legislative role of Congress

If we want Washington to work for us, the American people, we must start by restoring power back into the hands of those we elect and away from unelected bureaucrats. A critical aspect of this transformation hinges on addressing a doctrine known as Chevron Deference. Far more than a mere technicality, this legal principle has significantly shifted the dynamics of our nation’s lawmaking, blurring lines of accountability and diminishing the legislative role of Congress.

For over 40 years, Congress has been derelict in its duties, hiding behind Chevron Deference, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), to delegate its power to federal agencies. This abdication of responsibility has led to vaguely worded legislation, paralyzing gridlock and sprawling omnibus bills. One stark example of this issue is the Waters of the United States rule. Under the influence of Chevron Deference, its interpretation has been subject to dramatic shifts with each changing administration, illustrating the instability and confusion bred by this doctrine.

As an attorney and a Utah lawmaker, I see a stark contrast between our state’s effective governance and the inefficiencies in Washington. In Utah, we meticulously craft bills annually with specific language to minimize bureaucratic overreach. This diligence is not just best practice; it’s our duty to the people. Unlike the federal bureaucracy, which operates in the shadows, our state government is directly accountable to its citizens.

The doctrine of Chevron Deference is a fundamental deviation from the constitutional design of our government. The legislative branch, intended by the framers of the Constitution to be the sole creator of laws, has enabled unelected bureaucrats to interpret and effectively create laws, eroding this principle. This isn’t about the intelligence or capability of bureaucrats, but about the principle of democratic representation and accountability.

To ensure that laws reflect the will of the people and maintain the balance of power essential to our constitutional republic, we must end Chevron Deference. This change is vital for restoring legislative power to elected representatives. Additionally, adopting single-issue legislation would compel Congress to draft laws that are precise, transparent and accountable, reflecting the true intent of our Founding Fathers. Single-issue bills, as advocated by James Madison in The Federalist No. 62, would ensure that each law is thoroughly debated and understood before being passed. This approach would eliminate the complexities often buried in omnibus packages, allowing for greater transparency, less government waste, and a greater public understanding of legislation.

It’s time to demand more from our federal legislators. They must step up and take responsibility for our nation’s laws, rather than deferring to agencies led by unelected bureaucrats. It’s time for clarity in our legislation, for accountability in our government and for respect for our Constitution. I believe the Supreme Court should end Chevron Deference, creating a significant step in returning power to the people’s elected representatives and realigning our government with its constitutional foundation.

It is time to take our country back. That starts by removing control from the backrooms of bureaucracy and placing it firmly in the halls of Congress, under the watchful eye of the American people. This is not just a legal correction, but a pivotal moment in restoring the integrity of our legislative process. It is an opportunity to reaffirm our commitment to the limited government principles upon which our nation was founded and a way to give regular people a stronger voice in Washington. 

Mike Kennedy is a state senator in Utah representing District 21.

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By Tim Vandenack, KSL.com | Posted – Feb. 3, 2024 at 9:14 p.m.

SALT LAKE CITY — Living in Cuba, says Gabriela Puckett, was anything but idyllic.

Now living in Orem, some people remark enthusiastically about the beaches and sun when she tells them she’s from the Caribbean island nation. Her memories, though, are of scarce food, government control and limited professional opportunities.

She ultimately fled the communist nation and is now part of a contingent of immigrants in Utah, most from Latin America, pushing a message bill in the Utah Legislature calling for the condemnation of socialism and communism.

“It’s like a cancer that’s spreading all over the country,” Puckett, a naturalized U.S. citizen, told KSL.com. “We need to teach children and young people about communism, the reality, the truth.”

The aim of SJR5, she and others behind the measure say, is to shed light on what they believe to be a slow creep toward socialism in the United States and to stop it. Sen. Michael Kennedy, R-Alpine, is the sponsor, and the resolution received a favorable recommendation in a 3-1 vote of the Senate Judiciary, Law Enforcement and Criminal Justice Committee last week.

Carlos Moreno, originally from Venezuela and now living in West Jordan, reached out to Kennedy to get the bill on the lawmaker’s radar screen. In Venezuela under the late socialist President Hugo Chavez, Moreno said, guns were taken from private residents and school curriculum was changed to reflect socialist values. Cuban revolutionaries like Ernesto “Che” Guevara and Fidel Castro were put forward to kids as heroic examples to emulate. President Nicolás Maduro now leads Venezuela, following the footsteps of Chavez.

“When you escape from that type of regime, you don’t want to see it in your new home,” said Moreno, a naturalized U.S. citizen running as a Republican for the District 2 seat on the Salt Lake County Council. The other hopefuls for the seat, now held by Republican Dave Alvord who’s not running again, are Republican Daniel Thatcher and Democrat Katie Olson.

After coming to Utah as a student in 2009, Moreno said, he created a student group challenging changes implemented by Venezuela that impacted the finances of students abroad, incurring the wrath of the government. “Overnight, I became an enemy of the state and I had to apply for political asylum,” said Moreno, who, like Puckett, testified on behalf of SJR5 at last week’s committee hearing.

SJR5 doesn’t call for any specific action — it has no teeth. It reads as a statement of resolve by the Utah Legislature that the body “celebrates the enduring principles of the United States Constitution, reaffirms our commitment to the free market system and condemns the destructive and oppressive nature of socialism and communism.”

But it reflects the concerns of some immigrant newcomers about what’s happening around the world and their contentions that socialism is gaining a foothold in the state. Among other things, Moreno pointed to the creation of a Salt Lake branch of the Party for Socialism and Liberation, which espouses “the socialist transformation of society,” and, on a larger scale, moves toward socialism in Latin America.

“Socialism doesn’t come overnight. It’s a process like what happened in Venezuela,” said Moreno, who runs an energy consulting firm.

Venezuela and Cuba may be the most overt countries in their embrace of socialism and communism, but Moreno said other nations in the region are making incremental policy changes in the same direction. In fact, other backers of the push for SJR5, he said, include immigrants, asylum seekers and naturalized citizens originally from Paraguay, Chile, Mexico and Nicaragua.

Alvin Guo, originally from China but now living in Provo and studying at Brigham Young University, is also involved in the effort. He spoke at the committee hearing of repression by the Chinese government against Christians — burning of crosses, jailing of people for showing the Bible — and Uyghurs, among other things. “Communists are the biggest adversity for humankind and the (Chinese Communist Party) is the alpha wolf of the global threat to America,” he said.

An anti-communist message may resonate strongly in a conservative place like Utah. Kennedy, the resolution sponsor, said the measure “is vital in protecting the American dream and ensuring that our nation remains a symbol of freedom and opportunity for all.”

But Utah Sen. Luz Escamilla, D-Salt Lake City, voiced reservations about SJR5 during the committee hearing, ultimately voting against recommending approval of the measure. She subsequently proposed a substitute version of SJR5, expanding its condemnation beyond communism and socialism to “all oppressive forms of government.” Her proposal also fine-tunes some of the criticism the measure aims at communism and socialism.

She doesn’t support communism or socialism, she said, but questioned the timing of the measure, drawing parallels to the recent legislative debate about HB261 and overhauling diversity, equity and inclusion programs at universities. That contentious measure, signed into law by Gov. Spencer Cox on Tuesday, espouses academic freedom on college campuses and prohibits discrimination.

“I do have a lot of concerns just on the timing and as we are evolving on some of these difficult conversations. Like I said, I certainly agree in concept with some of these pieces. But It’s when they connect to everything else that is happening … that’s hurting many members of our community that I do have a big hesitation,” she said.

Puckett, meantime, touted the import of pushing back hard against communism, alluding to the toll it takes on the people of Cuba.

“We don’t want people to lose the hope like in Cuba,” she said. “They don’t even dream. … The only dream in Cuba is to leave Cuba because you’re not living.”

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By Lacey Christ, Fox News | Posted January 4, 2024 2:00 p.m.

FIRST ON FOX – Republican Utah state Sen. Mike Kennedy is launching a bid for Utah’s 3rd Congressional District to replace GOP incumbent John Curtis, who is running to replace Mitt Romney in the U.S. Senate. 

Utah’s 3rd District covers part of Salt Lake City and includes the cities of Orem and Provo. The seat was previously held by former Congressman Jason Chaffetz until 2017. Later that year, Curtis won the seat in a special election. 

The district is a Republican stronghold. Former President Trump won the district with over 56% of the vote in 2020 and Curtis won by over 45% in 2022.

“I came from poverty, single-parent home, a free lunch kid in high school and never had anything that wasn’t,” said Kennedy. “For a fellow like me to not only have a chance to get a great education, but also to serve the people of the great state of Utah… I am so impressed with the people in the great state of Utah. They’re outstanding people.”

Kennedy, a family medicine doctor and attorney, ran for the U.S. Senate in 2018 in the Beehive State against Mitt Romney. Kennedy secured the most votes in the Utah State Republican Convention, but ultimately was defeated by Romney in the Republican primary. 

However, Kennedy tells Fox News Digital that there is no bad blood. “Party infighting is more selfish than selfless,” said Kennedy. He also said that he will “work with anybody who’s got a good idea, who’s willing to look to the future and make it better for all of us.”

During his time in the Utah state Senate, Kennedy helped pass legislation fighting COVID mandates and transgender minor surgeries. At the height of the pandemic in 2020, Kennedy returned to his role as a family doctor, spending months caring for patients and conducting his own research on COVID-19.

“The COVID crisis – and being a doctor dealing with sickness on a regular basis, it was a very good spot for me to be on,” said Kennedy. “As far as the response that the state of Utah had to go, we’re able to balance the important issues associated with health and preserving life, but not destroying livelihoods at the same time.”

Roosevelt Mayor Rod Bird Jr. is also running for Utah’s 3rd District. Former Utah state Rep. Chris Herrod and state auditor John Dougall are considering running. The primary election will be held June 25 and the general election is Nov. 4. 

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Vandals used red spray paint to write messages on State Sen. Mike Kennedy’s garage door

By Taylor Penley Fox News
Published April 24, 2023 11:30am EDT

A Utah Republican is remaining defiant after vandals slathered blood-red paint on his home after he sponsored a state bill to curb gender-affirming care procedures for minors, including surgery and puberty blockers.

Utah State Sen. Mike Kennedy (R) joined “Fox & Friends” to discuss the incident Monday, saying he was out of town when the vandals struck, adding that his neighbors helped by cleaning up some of the mess in his absence.

“In an effort to silence me, these violent messages were left on my garage door,” he told Fox News’ Ainsley Earhardt. “You’ll notice that they’re blood-red spray paint, which I find to be frankly shocking.”

“This is an effort to silence me, and I will not be silenced,” he continued.

Kennedy slammed the vandals’ behavior as “inappropriate” on all levels, noting that members of both parties have come together to condemn the move. Equality Utah, an LGBTQ+ advocacy group was among those who condemned the attack, alleging it hindered efforts to “build bridges on Utah’s Captol Hill,” according to a local report from FOX 13 in Salt Lake City.

“We don’t know the ideology of those who vandalized Sen. Kennedy’s house. But we have repeatedly asked conservatives to call out extremists on their side, who verbally harass our community and attack our liberties with harmful legislation. In return, we now call out and condemn extremists who may identify with our side, who deploy tactics to intimidate and frighten political opponents,” the group said in a statement, according to the outlet.

Kennedy, during the Monday segment, blasted gender-affirming care for minors as “radical, irreversible and damaging” and circled back to label the retaliatory vandalism “reprehensible.”

“We’ve been violated, the neighborhood has been violated,” he said. “An attack on one is an attack on all, and I’ve been really grateful to see people who don’t necessarily support my political views, they also have been supportive of the effort to condemn this sort of behavior.”

Gov. Spencer Cox (R) signed controversial Senate Bill 16 into law in January, effectively banning gender surgeries for minors and placing a moratorium on puberty blockers for transgender patients in the Beehive State.

The ACLU of Utah has since threatened a lawsuit over the policy, alleging it violates the civil liberties of transgender Utahans.

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“I won’t back down.”
By Amanda Prestigiacomo • Apr 22, 2023 DailyWire.com

A state senator in Utah who sponsored legislation to ban transgender surgeries on minors said on Friday that his home was vandalized.

State Sen. Mike Kennedy said that his home had been recently vandalized and posted a photo showing the words “FASH” and “These trannies bash back” spray-painted in red on a house.

“To those who seek to use violence, vandalism, and intimidation to deter me from standing up for what is right, let me be clear: you will not succeed,” Kennedy wrote on Facebook. “I will not be deterred by your cowardly actions.”

“The recent vandalism to my family’s home was not just an attack on me, but on the very principles our state stands for,” he continued. “We will not let fear and violence control our destiny.”

Kennedy wrote that Utahns “will always stand up and push back against radicals who seek to push their agenda in our state,” adding that he’s “more determined than ever to work with the good people of Utah to make our state a better place for all, especially our children.”

Closing the post, Kennedy said, “I won’t back down.”

Republican Utah Gov. Spencer Cox in January signed Senate Bill 16, sponsored by Kennedy, into law, banning transgender surgeries on kids and placing a hold on puberty blockers and cross-sex hormones for children.

Kennedy’s Facebook post about the vandalism was met with more than a hundred comments, with most supportive of the state senator’s work to fight radical LGBT policies concerning minors.

“Keep standing tall Mike! Thank you for protecting kids!,” one comment read, with another saying, “Thank you for standing up to these thugs. You do everyone proud with your work.”

“Thank you for all your efforts!” another said. “They try to bully us into inaction and silence but it will not work. I believe that anyone who engages in this kind of behavior is deeply troubled. I hope whoever did this gets the help they need.”

LGBT activist group Equality Utah condemned acts of vandalism in a lengthy statement and chided conservative “extremists” who “verbally harass our community and attack our liberties with harmful legislation.”

“We don’t know the ideology of those who vandalized Sen. Kennedy’s house,” part of the statement read, according to FOX 13. “But we have repeatedly asked conservatives to call out extremists on their side, who verbally harass our community and attack our liberties with harmful legislation. In return, we now call out and condemn extremists who may identify with our side, who deploy tactics to intimidate and frighten political opponents,” the group said. “The culture wars are now escalating into real-world violence, and we all have an obligation to take a stand and condemn extremism wherever it manifests — be it acts of vandalism, or political acts of violence.”

The Daily Wire has reached out to Sen. Kennedy for comment.

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SB16 now heads to Utah Gov. Spencer Cox
By Katie McKellar • Jan 27, 2023, 4:55pm CST

The Utah Senate gave final legislative approval on Friday to a bill that would ban transgender surgeries for Utah children and teens, as well as place an indefinite moratorium on new treatments including puberty blockers and cross-sex hormones for minors.

The bill, sponsored by Sen. Mike Kennedy, R-Alpine, a practicing family physician, now goes to Gov. Spencer Cox’s desk.

The Senate voted 20-8 to pass SB16. Two Republicans, Sen. David Hinkins, R-Ferron, and Sen. Todd Weiler, R-Woods Cross, joined Democrats in voting against the bill. Sen. Daniel Thatcher, R-West Valley City, who voted against the bill in earlier Senate votes, was not present for Friday’s final vote.

The vote comes less than 24 hours after the House made changes and voted to approve its version of SB16, which implemented what LGBTQ advocates have called a “de facto ban” on not just surgeries but also hormonal treatments,

“The House had its way with this bill,” Kennedy acknowledged on the Senate floor, but he argued in favor of agreeing with the changes to get the bill across the finish line even if it’s “not a perfect piece of legislation.”

“I’m committed to doing my best in this area,” Kennedy said. “I’m afraid that I’m going to be working on this for the rest of my political life. But I’m happy to partner with honest, professional people to try to do justice to this community. Because I have great respect for them and want nothing but the best for the children in all of our state.”

Will Utah be sued for banning transgender care?

Utah legislators fully expect the bill to be challenged in court. Kennedy said on the Senate floor he would “bet every dollar that I have in my bank account right now that this will be litigated.”

“There’s going to be further action on this,” he promised, though he added he was “really impressed” that “vain promises were not offered to me to avoid lawsuits” in his conversations with Equality Utah.

Asked whether it would have been worth sending the bill back to the House to address concerns, Kennedy told reporters after Friday’s vote it was clear the bill was final after negotiations resulted in “no movement on either side.”

“This is a political process that requires all of us to be in it together, and when one side can’t give, the other side can’t give, then we are where we are,” he said.

If signed by the governor, SB16 would outlaw sex characteristic reassignment surgeries for Utahns under the age of 18 and place an indefinite moratorium on hormonal treatments for Utah children and teens not already being treated for gender dysphoria for at least six months.

An earlier version of the bill, which was endorsed by a House committee earlier this week, specified the moratorium would end after four years. However, House sponsor Rep. Katy Hall, R-South Ogden, successfully pushed a change to the bill to strip out the moratorium’s end date.

The bill would still require the Department of Health and Human Services to conduct a “systematic review” of medical evidence regarding hormonal transgender treatments and provide recommendations to the Legislature, as well as require a health care provider to meet certain requirements before providing hormonal transgender treatments. It doesn’t require the Utah Legislature to revisit the policy after that systematic review is complete.

Hall’s changes to SB16 also added provisions stating a minor could bring a malpractice lawsuit against health care providers if the individual “later disaffirms consent,” up until the minor turns 25 years old.

The bill would also have an immediate effective date upon signature from the governor.

Will Utah’s governor sign SB16?

Cox said last week he doesn’t plan on vetoing the bill, calling it a “very reasonable approach.” Asked Thursday whether he still supports the bill given the House’s changes, a spokeswoman for the governor said, “we’re reviewing.” After Friday’s vote, the governor’s office did not immediately issue a response to a request for comment.

Utah’s LGBTQ advocacy group Equality Utah continues to oppose SB16. Marina Lowe, policy director for Equality Utah, told the Deseret News after Friday’s vote she was “not surprised” by the Utah Legislature’s actions.

“This is essentially a ban on access to medical care for transgender youth,” Lowe said. “Everywhere where one has been passed, there is litigation because it’s the government stepping in between parents and children and their doctors.”

Surgeries and medications including puberty blockers and cross-sex hormones are among the medical treatments that transgender and nonbinary people sometimes use to transition or alter their sexual characteristics. Some medical professionals, as well as the American Academy of Pediatrics, say the best way to treat children and teens with gender dysphoria is to provide them with medical interventions often referred to as gender-affirming care.

‘We see you’

Senate Minority Leader Luz Escamilla, D-Salt Lake City, choked back tears while she spoke against the bill, saying parents of transgender children have been “just begging for their families and their children. Many of them are children that I’ve known for years.”

“We see you. And we love your beautiful children,” Escamilla said. “And we (Utah Senate Democrats) will continue to work … for good public policy and try to mitigate impact into their lives. … They are not invisible.”

Utah’s GOP-controlled Legislature has rallied behind SB16 to regulate transgender medical care for Utahns under 18, arguing Utah must step in and “protect” children because there is not enough research on the long-term impact of these procedures and medications on children.

In the early weeks of the Utah Legislature’s 2023 session, SB16 has quickly made its way through the legislative process as it’s been among the first prioritized by legislative leaders. Kennedy spent months crafting the bill ahead of the session that began Jan. 17.

The bill was heard in two separate committee hearings ahead of the Senate’s vote Friday. Both public hearings were filled with personal stories of both the harm and benefits of transgender medical procedures on children and teens. They also heard from medical professionals who argued both for and against the bill.

Earlier this week, the House committee was packed with dozens of people who rallied earlier that day on the steps of the Utah Capitol in support of Utah’s transgender youth. Several teens who identified as transgender spoke to that committee, urging lawmakers to not restrict their access to treatments that they say saved them from suicide.

Troy Williams, executive director of Equality Utah, issued a message for Utah’s transgender youth and their families after the vote.

“We just want parents of transgender children to know that we see you. We are so grateful for the love and compassion that you have for your children. And thank you for loving them. We will continue to fight for your family as well.”

Sue Robbins, a member of Equality Utah’s Transgender Advisory Council, said “we’ll never be done” fighting for transgender kids.

“You deserve everything,” she said, her eyes brimming with tears. “We will fix this.”

Robbins said the Legislature’s action is “based on a lack of knowledge, and we will keep working at it so that everybody understands you. You are beautiful and we love you.”