Lawsuit Over Student's Religious Rights Culminates with New Univ. Policy
July 19, 2004
(AgapePress) - The University of Utah has agreed to no longer force students to take part in activities that conflict with their religious beliefs.The school has settled a contentious six-year civil rights lawsuit brought by a Mormon drama student who refused to use the "f-word," take the Lord's name in vain, and take her clothes off in class performances. Christina Axson-Flynn was drummed out of the theater program for not complying with the university's request that she change her values, and had responded with a suit claiming the school violated her freedom and speech and religion rights.
Now the school has agreed to draft a policy that would exempt students from assignments that are at odds with their moral or religious beliefs. Axson-Flynn's attorney, Jim McConkie, says the settlement is a "win-win" for his client and the school. The university, he says, is serious about eliminating its anti-religious bias.
"Most importantly, the reason I am confident that they are serious about this is that the Tenth Circuit Court of Appeals unanimously ruled in favor of Axson-Flynn and stated that professors cannot use academic programs or curriculum as a pretext for religious discrimination," he says.
The attorney believes the settlement sets an important precedent. He explains his rationale: "We have a case now on the books that establishes the principle that if a religious person has a legitimate reason for not participating in an academic exercise because it forces them to violate their conscience, the courts will look at it seriously and decide whether or not the student should be forced to violate their conscience."
As part of the settlement, the University of Utah must reimburse Axson-Flynn for tuition expenses and pay $250,000 in attorney's fees. The 24-year-old former drama student, who has no plans to return to the University of Utah, calls the settlement "a successful conclusion to a long haul." She told the Salt Lake Tribune that everything she fought for in the lawsuit was addressed in the settlement.
