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Column on Gay Marriage Prompts Dismissal

June 15, 2006

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Days after a local newspaper published his opinion piece supporting same-sex marriage, an adjunct instructor at Brigham Young University learned that he would not be rehired to teach courses in the philosophy department.

“I believe opposing gay marriage and seeking a constitutional amendment against it is immoral,” Jeffrey Nielsen wrote in the June 4 Salt Lake Tribune. “Currently the preponderance of scientific research strongly suggests that same-sex attraction is biologically based. Therefore, it is as natural as a heterosexual orientation, even if rare.… [L]egalizing gay marriage reinforces the importance of committed relationships and would strengthen the institution of marriage.”

Brigham Young is affiliated with the Church of Jesus Christ of Latter-day Saints, which provides most of the university's funding. Leaders of the Mormon church have spoken out recently against gay marriage and have encouraged members to speak to their U.S. Senators about passing a constitutional amendment banning same-sex marriage.

Nielsen, a practicing Mormon, has taught one to three courses per term at BYU for the past five years, including a philosophy course this spring. He learned he would not be allowed to fulfill his summer teaching obligation in a letter from Daniel Graham, chair of the philosophy department, that arrived shortly after the op-ed piece ran. Carri Jenkins, a BYU spokeswoman, said the choice not to rehire Nielsen came from the department, which has the authority to make personnel decisions on part-time faculty.

“The department made the decision because of the opinion piece that had been written, and based on the fact that Mr. Nielsen publicly contradicted and opposed an official statement by top church leaders," Jenkins said.

Nielsen said he had long supported the idea of same-sex marriage but never spoke out publicly. He figured the piece would cause a stir, but he maintains he was making a political statement, not attacking church theology. "I thought they’d talk to me about the issues,” Nielsen said in an interview Wednesday. “I didn’t think they would let me go. They have every right to do that, but I think it was the wrong decision. It will breed a culture of fear and uncertainty. Academic institutions shouldn’t restrict honest opinion and the pursuit of truth."

On its faculty home page, BYU includes a statement on its academic freedom policies.

“As a religiously distinctive university, BYU opens up a space in the academic world in which its faculty and students can pursue knowledge in light of the restored gospel as taught by The Church of Jesus Christ of Latter-day Saints," it reads. "For those who have embraced the gospel, BYU offers an especially rich and full kind of academic freedom.”

The statement notes that everyone who works and studies at BYU subscribes to an honor code saying that the university provides an education and an atmosphere consistent with the ideals and principles of the church.

Edwin Firmage, a professor emeritus of law at the University of Utah and a member of the LDS church, said that the university is playing politics with the gay marriage issue, and that it isn't a matter of deep theology in the Mormon faith. 

“That a faculty member is being let go for a respectful comment is a disgrace to the university,” said Firmage, a BYU alumnus. “People can differ on what the gospel teaches -- part of it is liberty and freedom. The word 'university' should mean something. This isn't Brigham Young Seminary."

Added Mike Thompson, executive director of Equality Utah, a group that supports free speech: “We applaud the stance that [Nielsen] made on this issue. It was a bold stance, realizing that there needs to be a divide between political opinion and religious issues in our government.”

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Comments on Column on Gay Marriage Prompts Dismissal

  • Deja vu at BYU
  • Posted by MDS on June 15, 2006 at 8:45am EDT
  • BYU's action is all too familiar. In 1998 the AAUP censured the BYU administration for violations of academic freedom in a case that centered on the feminist views of a faculty member denied promotion and tenure. This time the issue is same-sex marriage, another hot button issue for the BYU administration, even though the so-called violation of university standards had nothing to do with classroom performance or competence. The sad fact is that infringements of academic freedom at BYU continue to be distressingly common and the climate for academic freedom distressingly poor.

  • Previous Agreements
  • Posted by Willard C. Smith on June 15, 2006 at 9:30am EDT
  • Brigham Young University is not run like a regular State Funded School. Wages are lower than the average state-run school, and teachers and students have to sign agreements relating to their acceptance of church standards before they are allowed to teach or are accepted to the student body. Those agreements are not treated lightly, they are subject to annual reviews.

    Faculity and Students know the score. Noone is forced to attend BYU or teach there. And if wages are any indicator, one would have to have a very special reason to even teach there.

    So an instructor knowlingly violated his agreement and his job will not be renewed. Surprise! If he is any good, then he will probably be able to get a better paying someplace else. So Boo Freaking Hoo

  • Posted by Curious on June 15, 2006 at 9:40am EDT
  • Don't you find it the least bit curious that an institution (the LDS Church) that once condoned as a major tenet of their religion plural marriages would punish someone for speaking out against an amendment that states that marriage is between one mand and ONE woman?

  • BYU and Academic Freedom
  • Posted by Martin Kinard on June 15, 2006 at 9:40am EDT
  • Having worked in higher education for over 20 years, it disturbs me to see a senior research institution such as BYU taking such a hard stand against one of its professors. I have long held the belief that institution of higher learning should foster and accept persons with diverse backgrounds, race, religion, etc. How else do we strengthen and encourage academic research and healthy dialog. I was saddened by the story and hope that BYU will take a stronger look at their policies. While I support anyone's right to uphold their beliefs, there is little room in higher education for this kind of behavior.

  • Posted by Academic Freedom on June 15, 2006 at 10:00am EDT
  • I believe you have a point, Willard, and no one is forcing anyone to work at BYU. I share your hope, too, that this professor will find other teaching positions that match his skill level.

    It's important to also note that BYU believes in Individual Academic Freedom by saying, "Perhaps no condition is as important to creating a university as is the freedom of the individual faculty member to teach and research without interference, to ask hard questions, to subject answers to rigorous examination...Although all universities place some restraints on individual academic freedom, every institution that qualifies for the title of university allows ample room for genuine exploration of diverse ideas." It seems to me this faculty was exploring diverse ideas and asking hard questions, yet his individual academic freedom was not honored. BYU needs to define what is considered "exploring diverse ideas" and what is considered heresy.

  • What was not reported
  • Posted by Willard C. Smith on June 15, 2006 at 10:35am EDT
  • BYU, in this case, did not need to define the difference between church heresy and "exploring diverse ideas" in regard to Same Sex Marriage. The LDS church (which pays the bills) has been very clear on the matter. The instructor in question would have either been a dunce or someone purposely given to "pushing buttons." Oh, did I happen to mention that the agreement in question does happen to explicitely cover homosexuality. The instructor knew the score and willing violated his agreement.

  • Posted by Douglas Lewis on June 15, 2006 at 10:35am EDT
  • To Curious: One could say something similar about the government of the US. ('Don't you think it curious that an institution which once endorsed slavery should now enact laws against keeping blacks out of the workplace?')
    To Academic Freedom: BYU has in fact defined its limits for academic freedom, as the article states: “As a religiously distinctive university, BYU opens up a space in the academic world in which its faculty and students can pursue knowledge in light of the restored gospel as taught by The Church of Jesus Christ of Latter-day Saints... For those who have embraced the gospel, BYU offers an especially rich and full kind of academic freedom.”

  • Academic Diversity
  • Posted by Robert Hirsch , Column on Gay Mariirage Prompts Dismissal on June 15, 2006 at 11:05am EDT
  • The concept of diversity implies differences. These differences can be within a university, or between universities. We don't all need to be alike, nor should we be alike. And, nor should the LDS BYU be asked to be just like everyone else.

  • To Douglas Lewis
  • Posted by Hello everyone on June 15, 2006 at 11:35am EDT
  • Hello, you spoke with respectful knowledge of BYU and Mormonism, so I was wondering if you could assist. I offer no disrespect to Mormon beliefs, but would simply like to learn more, so I appreciate your reply. Could you provide some examples of, "ask hard questions...genuine exploration of diverse ideas" in the BYU document?

    From other replies in this column, I get the impression that it is being defined as 'asking hard questions' and 'genuinely exploring diverse ideas' that do not employ critical thought to mormon doctrine, and I would hate to see Mormonism limited in such a way.

  • He knew what he was doing.
  • Posted by zooBee on June 15, 2006 at 11:35am EDT
  • In almost every case where Professors have been dismissed for what they've said, are cases where the Professor taught that certain tenets of LDS doctrine were wrong, or openly criticized current Church leadership.

    A professor doing a study of "nature vs. nurture's" effect on homosexuality would not be dismissed. A professor who makes public statements criticizing the sponsoring Church would.

  • But is it?
  • Posted by Andrew Purvis on June 15, 2006 at 12:05pm EDT
  • Are we talking about academic freedom here? This is an opinion piece in a local newspaper, not academic work published in a journal. Nielsen's actions stand outside of his academic work, landing firmly within the realm of the personal—note how the first quote we get begins, "I believe."

    At a state-run school we would be looking at discrimination charges based upon laws governing hiring and firing of state employees. However, private institutions such as BYU have the right to place conditions upon hiring and continued employment. They did. Nielsen violated his agreement. End of story

    Would I say this should be handled differently? Sure, but I would have to start with "I believe," or words substantively to that effect. Are we looking at a completely different situation if this comes up in the classroom? Absolutely. If his class explores the morality of such an amendment, yielding any result unacceptable to LDS teachings, well, too bad. If the discussion was reasoned and relevant, the classroom is protected. That's the line we need to remember, though.

  • respect
  • Posted by bradley bleck , instructor at Spokane Falls CC on June 15, 2006 at 1:25pm EDT
  • While the columnist is clear about his disagreement, it strikes me as being pretty respectful in the way the disagreement is expressed. BYU has faced a lot of contradictions, what with tolerating football players (but not just football players) being less than stellar members of the flock while faculty who disagree are professionally shunned. If nothing else, this sort of action on part of the university leads to self-censorship for fear of losing one's position, of having to toe (or would that be tow?) the party line rather than seek some notion of truth.

    When I taught in Nevada, I had to sign a loyalty oath to the state and nation, which I guess is somewhat akin to the contractural obligations the columnist had to deal with. But I never had to fear losing my job over what I wrote, whether as part of my job (at least once I had tenure) or for public consumption. At least the states are less able to force the orthodox upon us than are private institutions such as BYU where personal and academic freedom doesn't pertain to critizing the gospel as today's church leaders see it. Of course, given the attacks on some of the more outspoken on some campuses, perhaps the unorthodox will be chased from the public institutions as well.

  • You've Got It Wrong, Curious.
  • Posted by Tom on June 15, 2006 at 2:30pm EDT
  • As stated just today in a letter to the editor of the Salt Lake Tribune, the Federal Marriage Amendment does NOT say marriage shall be a union between ONE man and ONE woman, it says that marriage shall be a union between a man and a woman, just ambiguous enough to allow for polygamy, but at the same time outlaw homosexual marriages. Thus, the Marriage Amendment does NOT contradict the LDS Church's previous, current, or future stand on polygamy.

  • Change the name...
  • Posted by ADD on June 15, 2006 at 3:15pm EDT
  • I recognize that BYU has legal right to dismiss this professor, but I think it is misleading for BYU to characterize itself as a "university."

    The name should be changed to "seminary" (as noted in a previous post) or perhaps "religious college." BY? should not mislead the academic community into perceiving it as supporting (or being a party to) the ideal of a "university": free expression of thought and ideas. So, change the name.

  • Bias by any other name...
  • Posted by JB on June 15, 2006 at 4:20pm EDT
  • It's ironic that the department whacking off an academic head is the Philosophy Department, which ought to *champion* free and open discussion.

    That said...a church that has claimed the right to unique marital practices is in no position to criticize others' claims to unorthodox practices. I say this as a descendant of a Mormon English teenager who became a male relative's fifth polygamous wife in a ceremony in Brigham Young's office. At that same time, church leaders condemned marriage between those of different races. The objects of preference and prejudice have shifted, but the bias remains.

  • missing "free speech" advocates
  • Posted by Pollyanna on June 15, 2006 at 7:05pm EDT
  • Gosh, where did all the right wing campus organizations who claim to promote free speech go? I guess they only seek to protect the anti-gay, racist and sexist kinds of free speech.

  • Loyalty Oaths
  • Posted by Andrew Purvis on June 15, 2006 at 8:40pm EDT
  • Loyalty oaths such as the one Bradley Bleck mentions are not out of the ordinary in education. Indeed, California K-12 educators are required to sign oaths or loyalty to the state and federal governments—oaths that contain the "protect and defend the Constitution" language so often associated with Presidents.

    Regardless of how that oath is used, no one has shown how this piece was an element of Nielsen's work as an academic, which leaces claims of academic freedom shivering in the cold. Furthermore, freedom of speech does not protect one's employment. Even would-be government whistleblowers are limited in the scope of what they can share without suffering reprisals, and BYU has a lower standard to meet.

  • Let's keep in mind ...
  • Posted by Michael Baker on June 16, 2006 at 11:20am EDT
  • Nielsen made specific reference in his opinion piece to his position at BYU. His views are directly contrary to the views of that institution. In order to make clear that his views do not represent those of the institution, action was taken to remove him. I don't agree with the action, but also believe that Nielsen made a critical error in speaking out as "Nielsen, the adjunct BYU instructor" instead of "Nielsen, the ordinary Joe".

  • Where are they
  • Posted by Ken at Radford on June 17, 2006 at 1:50pm EDT
  • So where is ACTA, FIRE, the NAS, David Horowitz and all those who froth at the squelching of academic freedom by the left? Are they speaking out about this offense from their paid perches at AEI, NRO, Hillsdale, etc? No, because they do not believe in academic freedom, but for the prevelance of right wing speech. Hypocrites!

  • Disgraceful act by BYU
  • Posted by Higher Ed Mormon on June 19, 2006 at 11:05pm EDT
  • I write as an active Mormon who works at a large public university. I find Jeff Nielsen's dismissal by BYU to be an embarrassing reflection upon that so-called "university." If you carefully read Nielsen's op-ed piece, you will notice that he wrote as "a member." At no point does he speak for the Church, for BYU, or even identifies himself as being with BYU. The only connection is in the brief bio appended to his letter by the Tribune.

    His letter is respectful to the Church. He does not attack any official doctrine or historical claims. He speaks largely to the political aspects of the gay marriage ban, an issue that the Church politicized long ago and continues to play in the political arena. He even makes a point of stating that he sustains Church leaders.

    So basically he was dismissed for publically stating a personal opinion on a political issue that ran contrary to the Church's political stance. As a "University" professor, I felt he stayed well within the boundaries of any reasonable interpretation of academic freedom.

    Consider that U.S. Senator Harry Reid, also LDS, actually voted against the Amendment on the Senate floor, along with 47 other Senators. So Nielsen's position was hardly extremist, as it expressed the same position as taken by many of our Senators.

    This action makes BYU, and the Church, look foolish and intolerent of honest, rational discourse. The next time BYU attempts to wave their flag of academic freedom, it is going to evoke laughter from many quarters.

  • Posted by Larry on June 20, 2006 at 10:10am EDT
  • I think that HEM has a good point. This incident effectively shows that BYU isn’t really acting as a university, and, itself probably can’t justify any position IT takes on the grounds of academic freedom.

    What I don’t get, is most Mormons I know are rather respectful of views about gay marriage, if not gay marriage itself.

  • adjunct faculty
  • Posted by Betsy Smith on June 22, 2006 at 5:30am EDT
  • It is telling that the faculty member who was dismissed was an adjunct. Would his transgression also be grounds for firing a full-time, tenured professor? Adjuncts are particularly vulnerable if they exercise what would be considered free speech rights for full-time, tenured colleagues. This is a shameful situation and is not restricted to an institution like BYU.

  • Your looking at this all wrong
  • Posted by Anne on July 10, 2006 at 3:20pm EDT
  • Universities are a product. Parents purchase an education for their children for a variety of reasons. If they decide to based it upon their religious beliefs, they deserve it get what they paid for.

    There is no reason why a religious based institution should not present a unified position in keeping with the beliefs of the people who are footing the bill. Just as Catholic universities should not have pro-abortion speakers or studies. If they want a pro-abortion slant, then do not misled the consumer by calling themself a Catholic university. Its all about honesty and getting what you pay for.

    My husband went to Amherst College which now has a course on the value of Marxism. My family is from Poland and they suffered and died under Marxism. So when the annual gift request comes, I dump it in the trash.

    If the children completely financially independent, they can choose a different university.

  • BYU Dismissal
  • Posted by Stuart on June 3, 2007 at 6:05pm EDT
  • This all looks like a tempest in a teapot. I am sick of great concern about social issues. Everyone in this country regardless of religious preference can make up his own mind about such items. BYU may have shown some intolerance for expressed positions contrary to church positions, but I would rather see that than the total inability to shed those with rediculous positions who vehemently promote them as seen in the Ward Churchill and the University of Colorado case. To say the BYU is not deserving of the title of university for this issue is absurd. There are plenty of important issues that are researched diligently at BYU.

    Departments of philosphy used to discuss the important underpinning of society and its progression. Things such as Rousseau's social contract, Locke's property rights, nations dealings with nations, etc., not the purient sexual behavior of a few.

    As Alexander Pope stated, "Vice is a monster of so frightful mien, as to be hated, needs but to be seen; yet seen too oft, famaliar with her face, we first endure, then pity, then embrace.

    I think that the Church of Jesus Christ of Latter Day Saints, does not intend to get to the endure step on items it considers a vice.

    As stated by others, this is their right, and not at odds with what most Americans believe once the get past trying to be politically correct.