Student actor who refused to swear asks court to reinstate suit

By The Associated Press

03.01.02

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SALT LAKE CITY — A theater student who refused to swear during a classroom assignment is getting support from the Christian Film and Television Commission and a group of theologians.

Former University of Utah student Christina Axson-Flynn's lawsuit against the school was dismissed by a federal district court in August. She is appealing the case to the 10th U.S. Circuit Court of Appeals in Denver.

Two court briefs filed Feb. 22 in support of Axson-Flynn's appeal say her rights have been violated.

Axson-Flynn's "competency as an actor does not hinge on her willingness to use a few specific words," one of the briefs said. She should be allowed to attend class "without having to check her religious beliefs at the door."

Axson-Flynn belongs to the Church of Jesus Christ of Latter-day Saints.

The district court ruled that the school's professors did not violate Axson-Flynn's First Amendment rights because the swearing was merely an academic exercise and the curriculum did not take a position on religion.

The brief filed by a group of theologians argues otherwise.

"The sin is in the actual statement of the words, it matters not whether she is playing a role," the brief said. "She cannot divorce herself from herself merely to satisfy the requirements of an acting class."

The briefs will not substantially change the case, said attorney Peggy E. Stone, who is representing the university professors.

Axson-Flynn had discussed her aversion to nudity and profanity with her professors before entering the program. She thought those discussions meant that she would not be forced to act against her conscience or religious beliefs, said James McConkie, one of Axson-Flynn's lawyers.

Axson-Flynn asked to change obscenities in a classroom assignment. Her professors told her at the end of the semester that she "would have to find another place to study acting if she did not modify her stance on the use of such language," according to her appeal.

She dropped out of the university as a result.

The university ought to be a "place of tolerance and accommodation" for all religious beliefs, said Brad Parker, another lawyer representing Axson-Flynn. "She feels that belief has not been tolerated."

University professors see it as a matter of academic freedom — no one should be permitted to tell professors what their curriculum ought to be, Stone said.

"It shouldn't be a judicial question of how they set up their curriculum," Stone said. "It's the professor's First Amendment rights to set the curriculum as they see fit."

Update

Ex-theater student urges federal appeals panel to revive suit
Christina Axson-Flynn claims University of Utah violated her Mormon beliefs by forcing her to read script containing profanity.  11.20.02