A Salt Lake attorney has sent a letter to 42 members of the Legislature, urging them to consider allegations of bias against LDS Church members before funding the University of Utah this session.

"It goes without saying that the University of Utah is supported out of the tax coffers of this state," James W. McConkie wrote in a Jan. 24 letter obtained by the Deseret News. "It also goes without saying that approximately 74 percent of the people in Utah who pay taxes are Mormons. On this basis alone, it is fair to query why Mormon parents should be asked to financially support and send their children to a school where their children may encounter religious discrimination."

McConkie represents former U. theater student Christina Axon-Flynn, a member of The Church of Jesus Christ of Latter-day Saints who filed suit in federal court last year against five U. faculty members alleging her constitutional rights were violated.

The professors refused to allow Axson-Flynn to omit two vulgar words from an in-class performance, even though she had told department officials before being accepted into the program that she would not "use the Lord's name in vain" or other vulgar words in parts she played because to do so was against her religious beliefs.

McConkie, in a letter addressed to members of the House and Senate appropriations and education committees, told lawmakers that after filing the lawsuit, there was a storm of publicity.

"Our office received close to 100 calls, many from professors and students at the University of Utah telling us of instances of anti-Mormon discrimination or derogatory comments made about the Mormon Church," he wrote.

McConkie said his impression has been that the problem was not campuswide but instead is concentrated within certain departments.

"Perhaps this accounts for the impression by some . . . that they had not observed anti-Mormon discrimination."

McConkie was especially critical of U. President Bernie Machen, who he said "refuses to recognize that there may be a problem," thus legitimizing anti-LDS sentiment.

"If there had been allegations of racial discrimination," McConkie argued, "President Machen would have immediately implemented measures to deal with the problem."

University spokesman Fred Esplin called the letter "outrageous."

"This is two paid attorneys stirring up trouble for the University of Utah in an attempt to settle out of court on a case that is weak," he said. "They have attempted to use the media and the legislative process to achieve what they fear they cannot achieve in court."

University officials said that as a matter of policy and practice, they enforce all federal and local standards for nondiscrimination and that they create programs that promote understanding among various religious and ethnic groups on campus.

Michael Benson, a political science professor and special assistant to Machen assigned to deal with ecumenical groups on campus, said the latest example is renovating the post chapel at Fort Douglas. The chapel, which is the second-oldest military chapel in the country (the one at U.S. Military Academy at West Point, N.Y., is the oldest), will be used for worship services for all denominations at the university, Benson said.

Also, the university plans to remodel Building 603 across the street from the chapel to create administrative space for all faiths that have affiliations at the U.

Both projects are scheduled to be completed in time for the Winter Olympics a year from now, he said.

"We are trying our best to send a signal that the U. welcomes all faiths and all denominations all the time," Benson said.

Lawmakers reactions to the letter Friday morning were mixed.

"Any allegations of problems respecting a protected class need to be sensitively examined," said Rep. Brad King, D-Price, and dean of students at the College of Eastern Utah. "To shrug them off is unacceptable."

But, King said, that is not what he has seen Machen do.

Other lawmakers questioned whether this was a topic to be dealt with on Capitol Hill at all.

"I think the remedies for this are somewhere in the courts," said Rep. Matt Throckmorton, R-Springville. "As for punitive action by the state, I don't know."

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Rep. Afton Bradshaw, R-Salt Lake, co-chairwoman of the Higher Education Appropriations Committee, said there are always "people who practice discrimination — against Mormons and the other way around" but says she does not see anti-LDS bias as a widespread problem on campus.

"The University of Utah is an open place which welcomes and nurtures people of all beliefs," Esplin said.


Contributing: Jim Thalman

E-MAIL: mtitze@desnews.com

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