New legislation to allow alternative coursework for conflicting beliefs

Abill moving through the Utah Legislature would require public universities to provide accommodations for students whose coursework conflicts with their religious or sincerely held conscience beliefs.

Michael Petersen, the bill’s sponsor, said the idea for House Bill 204, “Higher Education Student Belief Accommodation,” came from a personal experience involving his daughter.

“A year or so ago, my daughter called me, just finishing her master’s at a school outside of our state,” Petersen said. “She called and said, ‘Hey, Dad, I’ve got an assignment. I’m supposed to write a letter to my legislator advocating on behalf of LGBT policy.’”

Petersen said that kind of assignment crosses a line.

“That’s compelling someone to speak,” Petersen said. “We have a First Amendment on purpose.”

The bill would require universities to excuse participation, offer alternative deadlines or provide alternative assignments when coursework violates a student’s conscience. Petersen emphasized the bill does not allow students to avoid required learning outcomes.

“We’re not trying to change what a student learns and can do,” Petersen said. “We don’t want to change the nature — the essential nature — the objectives or the standards of the class.”

According to Petersen, universities would have a neutral arbiter to review accommodation requests.

“The first line is the professor,” Petersen said. “If the professor says, ‘Sorry, you’re out of luck,’ then it goes to that neutral arbiter.”

Petersen said he fears students would misunderstand the bill’s purpose and use the it to avoid coursework

“It’s not about getting out of learning new things,” Petersen said. “It’s about having to do things that violate your conscience.”

Eliza Rosenberg, a lecturer in world religions and biblical studies at Utah State University, said discussions about religious conscience protections are rooted in longstanding legal and historical traditions. 

“In the U.S., obviously, freedom of religion is an important value,” Rosenberg said. “To be clear, I think it’s a very good thing.”

Rosenberg noted questions about belief accommodations are not new to higher education and are already addressed through existing university policies.

“The university, in its code, already has principles about coursework and assignments that conflict with assisting with the students’ sincerely held beliefs,” Rosenberg said. “There is already a process.”

Rosenberg said any policy can be applied incorrectly, but she does not expect that to be common.

“The overwhelming majority of USU students are here because they want to learn,” Rosenberg said. “The university is very committed to academic rigor under all circumstances.”

Rosenberg also said discomfort can be part of the learning process, particularly in courses that examine belief systems.

“It’s normal to feel discomfort at some point,” Rosenberg said. “This is critical inquiry into religion.”

As HB204 continues through the Utah Legislature, Petersen said the bill is not intended to benefit one political group over another.

“This is not about right and left or Republican, Democrat,” Petersen said. “Professors should not require a student to advocate on either side.”

Petersen added exposure to ideas should not require compelled speech.

“You want to learn about these things, be exposed to these things, but you shouldn’t compel someone in public to make a statement that violates their conscience,” Petersen said.