U. fears fallout on gun ban

School making argument before Utah's high court

By Geoffrey Fattah
Deseret Morning News
Published: Monday, Aug. 30, 2004 11:42 p.m. MDT
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Striking down the University of Utah's ban on guns would strike at the heart of academic freedom and could possibly open the door to the Legislature dictating everything from hiring practices to subjects taught on campus, a U. attorney told the Utah Supreme Court.

During oral arguments before the high court Monday, U. attorney Alan Sullivan said the U. sees itself as being "a creature of the Constitution, not the Legislature," that is granted autonomy in making policy independent of the Legislature, something the Utah attorney general differs with.

The legal fight over banning guns on campus has far-reaching implications for academic freedom and the university's ability to maintain independence from legislative interference, Sullivan said. "We believe that this case will very well affect academic freedom severely."

The question the high court must answer is whether the university, under territorial statutes that created the university before Utah was a state, is granted autonomy to establish policies contrary to state law for the benefit of maintaining a healthy academic environment.

For the past 30 years the university has maintained a ban on guns on campus. Utah Attorney General Mark Shurtleff challenged the university's policy more than two years ago. A 3rd District judge sided with the U. and the state appealed.

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In response to the lower court ruling, the Legislature this year passed a law clarifying that only the Legislature can make gun policies for state-run institutions of higher learning.

Deputy attorney general Brent Burnett said the Utah Constitution is clear that the university should be treated as any state agency and at the control of the Legislature.

"There is no autonomy," Burnett said, adding the Legislature has a right to ultimately dictate hirings, firings, policies and educational objectives.

Currently under Utah law, guns can only be banned in courtrooms, jails, prisons, airports and mental health institutions.

Justice Ronald Nehring noted "a very fundamental divergence of views" in the attorney general's and the university's interpretation of the Utah Constitution.

The high court took the matter under advisement and will release a ruling in the coming months.

Outside court, Sullivan said he was troubled by the precedent that could be set if the court strikes down the campus gun ban. Sullivan said he believed such a decision could lead the Legislature to begin dictating appropriate subjects to teach.

"My question is, what is the next independence are they going to ask for?" Sullivan said.

E-mail: gfattah@desnews.com

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