Lawyers
and
law
professors
have
worn
the
soles
out
of
“it
depends”
when
answering
legal
questions,
but
the
shoulder
shrug
is
a
legitimate
response
given
the
last
few
years
of
Constitutional
developments.
The
Court
shrugged
off
stare
decisis
in
a
big
way
with
Bruen
back
in
2022
and
the
jurists’
internal
consistency
of
their
rulings
is
so
suspect
that
Justice
Gorsuch
took
it
upon
himself
to
call
most
of
his
co-workers
hypocrites.
Trump
v.
United
States
made
it
harder
to
distinguish
the
difference
between
a
president
and
a
king
and
Kennedy
v.
Bremerton
the
difference
between
church
and
state.
The
newest
development
in
Establishment
Clause
doctrine
comes
out
of
Utah
—
they
just
passed
a
law
allowing
students
to
opt
out
of
content
if
it
isn’t
in
line
with
their
religious
beliefs.
Heching
Report
has
coverage:
A
new
state
law
offers
these
students
a
unique
protection:
If
something
in
a
class
conflicts
with
their
strongly
held
religious
or
personal
beliefs,
students
can
ask
their
professor
for
an
alternative
assignment
or
exam.
And
as
long
as
their
request
doesn’t
change
the
fundamental
nature
of
the
course,
the
professor
is
now
required
by
law
to
allow
the
student
to
opt
out.
…
Michael
J.
Petersen,
a
Republican
state
representative
from
Logan,
said
the
idea
for
the
bill
came
after
his
daughter
was
assigned
to
write
a
letter
to
a
legislator
in
support
of
LGBTQ+
rights
as
part
of
a
master’s
degree
program
at
an
out-of-state
college.
The
assignment
was
in
conflict
with
her
beliefs,
so
she
called
her
dad
for
help.He
helped
her
write
“something
that
was
very,
very
bland.”
She
moved
on
—
and
he
began
drafting
the
legislation.
To
the
degree
that
the
law
prevents
students
from
being
forced
to
materially
advocate
for
something
that
is
against
their
will
(i.e.,
sending
a
letter
of
support
to
a
senator),
I
think
the
law
is
fair
game.
But
there
is
a
risk
of
sloping
toward
refusing
engagement
with
any
unsavory
ideas
and
forcing
professors
to
make
students
comfortable
rather
than
encouraging
them
to
think
critically
or,
dare
I
say
it,
like
lawyers.
One
of
the
main
functions
of
higher
education
—
besides
the
creation
of
docile
bodies
ready
to
meet
market
demands
—
is
to
expose
students
to
new
ideas.
And
exposure
isn’t
interchangeable
with
conversion;
in
college
and
law
school,
I
encountered
points
of
view
I
considered
anathema,
but
doing
so
helped
me
better
understand
my
own
thoughts
or
why
I
disagreed
with
the
ones
presented.
But
what
does
this
new
law
mean
for
law
school?
Well,
it
depends.
Take
the
University
of
Utah’s
law
school,
for
example.
The
school
is
governed
by
the
Utah
Board
of
Higher
Education
and
appears
to
be
bound
to
the
new
law.
The
law
requires
faculty
to
make
accommodations
for
courses
that
are
part
of
the
college’s
general
education
requirement;
it
would
be
a
hard
sell
for
1L
Con
Law
or
Crim
Law
courses
to
not
fall
under
that
category.
What
happens
if
the
professor
writes
a
final
that
requires
the
student
to
navigate
a
hypothetical
banning
interracial
gay
marriage?
Do
they
get
to
say
that
reading
Obergefell
v.
Hodges
or
Loving
v.
Virginia
went
against
their
religiously
held
beliefs
on
marriage
and
that
forcing
them
to
read
the
cases
or
parrot
those
holdings
to
advocate
for
a
position,
even
if
it
never
left
the
classroom,
would
violate
their
faith?
Or
what
if
there’s
some
novel
believer
who
genuinely
holds
that
the
Dormant
Commerce
Clause
is
sinful,
would
a
Con
Law
professor
be
required
to
give
them
an
exam
that
doesn’t
require
acknowledging
it
exists?
Maybe
the
professors
should
consult
with
religious
leaders
before
they
assign
readings
and
exams,
just
to
make
sure
that
things
run
as
smoothly
as
possible.
Wouldn’t
want
to
make
any
students
uncomfortable.
A
New
Law
In
Utah
Allows
Students
To
Opt
Out
Of
Coursework
That
Conflicts
With
Their
Beliefs
[Heching
Report]
Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boat
builder
who
is
learning
to
swim
and
is
interested
in
rhetoric,
Spinozists
and
humor.
Getting
back
in
to
cycling
wouldn’t
hurt
either.
You
can
reach
him
by
email
at
[email protected]
and
by
Tweet/Bluesky
at @WritesForRent.