Written by William C. Duncan
March 9, 2022
The final moments of the Utah Legislature’s 2022 session were characterized by some contentious and difficult debates. During this, though, the Legislature also approved an important policy statement to guide the state’s schools in securing the religious practice of student athletes.
House Concurrent Resolution 16 – Concurrent Resolution Recognizing Student Athletes’ Right to Religious Freedom and Modesty, was sponsored by Rep. Candice Pierucci.
The resolution begins by noting the benefits to youth of participating in athletics and the risk of missing out on these benefits for those who are excluded, particularly at a young age. The resolution explains that local governments and schools
should not use policies and practices that exclude children and youth who seek to observe the [tenets] of their religion or personal values of modesty through their clothing from participating, particularly with prohibitions against modifying uniforms to accommodate religious clothing and headwear and making modesty adjustments to uniforms, or by making it difficult to obtain permission to do so.
The resolution lays out an aspiration that all local governments and schools “foster … inclusivity for all young athletes.”
The resolution thus encourages school boards and schools “to create policies allowing students to modify athletic uniforms to accommodate their religious clothing, headwear, practices and beliefs, or personal values of modesty without uniform waivers.” It also commends those that have already done so.
The bill had widespread support, with Utah’s First Lady Abby Cox; Luna Banuri, executive director of the Muslim Civic League; and Chase Clyde of the Utah Education Association expressing support in the House of Representatives. Sutherland Institute and the Catholic Diocese of Salt Lake City also supported the resolution.
The important policy statement gained overwhelming support. The House and Senate Committees voted unanimously in favor and the House and Senate votes were likewise unanimous, 75-0 in the House and 27-0 in the Senate.
The sponsor made clear that while the resolution offered encouragement, the Legislature might need to consider further legislation if student athletes continue to experience limitations on their ability to participate in sports consistent with their religious and moral commitments.
Similarly, another legislator suggested the Legislature might consider similar policies related to student Sabbath observances.
The Legislature has established an important aspiration for inclusion of students of different faiths and beliefs. Utah is one of a handful of states to adopt similar policies protective of student religious practice and will be an example to others.
This, in short, is an important step forward.
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