(NEW YORK) — Utah is poised to become the first state to mandate that college students be allowed to refuse coursework based on “sincerely held religious” or “conscience” beliefs, if HB 204, a bill passed by state legislators Friday evening, becomes law. PEN America warned that the bill will significantly impede professors’ ability to do their jobs, and be a disservice to students’ education.

“Students are at a university to learn from experts, that is the nature of the enterprise,” said PEN America’s State Policy Manager Laura Benitez. “By giving them the power to opt out of assignments, the Utah legislature is cheapening their education – allowing them to pick and choose what they want to learn rather than adhering to the standards of a discipline or a profession. 

The Utah bill is the first measure to require universities and colleges to allow opt outs of this nature since PEN America began tracking educational censorship in 2021. HB 204 will require professors to accommodate students’ objections with alternative assignments or deadlines, or by excusing students’ participation entirely. A professor could only deny an accommodation if a “neutral arbiter” decides the requested change would not constitute a “fundamental alteration.” 

“If this bill becomes law, will a student in a medical ethics class be able to refuse to engage with the philosophical argument for or against abortion?” Benitez continued. “Will a world religions professor have to excuse a student from engaging with texts if they make the student uncomfortable or challenge their worldview? Professors must retain the authority to administer assignments and exams based on their subject matter expertise. Requiring that they cater to students this way is an unacceptable breach of academic freedom and will be a disservice to students’ education.”

“We call on Governor Spencer Cox to veto HB 204 and for the Utah Legislature to respect academic freedom and Utah students’ freedom to learn.” 

About PEN America 

PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at PEN.org.


Contact: Malka Margolies, [email protected], 718-530-3582