Posted by Eugene Volokh:
Higher Education in Arizona:
http://volokh.com/archives/archive_2006_02_12-2006_02_18.shtml#1140217109
An Arizona State Senate committee [1]recommended on Wednesday that the
Senate pass [2]the following bill (paragraph break added):
Each university under the jurisdiction of the Arizona board of
regents and each community college under the jurisdiction of a
community college district shall adopt procedures by which students
who object to any course, coursework, learning material or activity
on the basis that it is personally offensive shall be provided
without financial or academic penalty an alternative course,
alternative coursework, alternative learning materials or
alternative activity.
Objection to a course, coursework, learning material or activity on
the basis that it is personally offensive includes objections that
the course, coursework, learning material or activity conflicts
with the student's beliefs or practices in sex, morality or
religion.
That's right: If you're a student at an Arizona public college or
university, you would be able to get out of any requirement by
simplying showing that you find it morally offensive. Do you find it
offensive to write a brief defending abortion rights in your
first-year legal writing class? The professor would have to create a
completely different assignment, and then undertake to fairly grade
your answer to that assignment in comparison to everyone else's answer
to the other assignment. Do you find it offensive to answer any
questions about evolution (not just to proclaim a personal belief in
evolution, but to discuss evolution altogether)? The school would have
to give you a biology degree even without ever testing your knowledge
of this important subject.
Do you find it offensive to read a book that uses the name of God in
vain, or that depicts immodest pictures? The school would have to
provide you with an expurgated version of the book. Do you find that a
required class is offensive to you because it conveys an improper view
of morality, and thus conflicts with your "beliefs . . . in morality"?
You get the requirement waived.
Remember that the bill doesn't require reasonable accommodation, or
limit itself to specific objections (e.g., objections to performing
vivisection or abortions). Whenever a student sincerely asserts that
an activity conflicts with his "beliefs or practices in sex, morality
or religion" (what's a "belief or practice in sex," by the way), he's
given a categorical entitlement to be provided with an alternative --
presumably an alternative that doesn't leave him at any disadvantage
in the grading or diploma-granting process. Not a sound way to run a
system of higher education, it seems to me.
Many thanks to commenter [3]Kipli for letting me know about this bill.
References
1.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/sb1331o.asp
2.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/sb1331p.htm
3. http://volokh.com/posts/1140199552.shtml#65992
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