Ex-U. student energized by ruling

Christina Axson-Flynn describes the past four years of her life as a roller coaster, one with more steep climbs than downhill thrills as she has pursued a religious discrimination lawsuit against the University of Utah theater department.

But with the recent reinstatement of her case by a federal appeals court, and the possible introduction of other students who have reportedly suffered similar discrimination, Axson-Flynn believes the ride is back on the right track.

"This is a great day," Axson-Flynn said at a Wednesday news conference. "This is a great day for every one of us in this room. This is a great day for everyone at the University of Utah, this is a great day for freedom of speech and for freedom of religion. We just feel vindicated and thrilled about this decision."

On Tuesday, the 10th U.S. Circuit Court of Appeals overturned an earlier dismissal of the case and sent it back to Salt Lake City's federal court for a jury trial. Under the unanimous ruling, Axson-Flynn will still have to convince jurors that U. professors violated her rights of free speech and free exercise of religion when they refused to allow her to omit profanity from an in-class performance.

A trial in the case could be more than a year away, especially with Wednesday's announcement that attorneys plan to add to the 4-year-old case.

"One of the things we're considering is amending the complaint and bringing in other students who feel that they have been discriminated against," attorney Jim McConkie said.

Since the lawsuit was first filed in January 2000, McConkie said he has heard from hundreds of students who have related stories of discrimination at the U. He did not say how many of those students he would seek to add to the lawsuit, or if it would propel the case to class-action status.

After so many years of legal play, including one dismissal and the appeal, Assistant Attorney General Alain Balmanno said it's improbable McConkie would be permitted to change course now.

"It's unlikely that the court would allow at this late date the addition of new plaintiffs and new causes of action," Balmanno said. "I would certainly be surprised, just because this has been going on a long time."

Depending on the specific allegations, additional defendants would also have to be added to the case. The suit is now limited to five faculty members within the theater department.

The move, Balmanno said, would be "keeping with what Mr. McConkie has been trying to do all along. He has tried to make this an issue about the university and having pockets of anti-Mormon sentiment in the university."

Axson-Flynn's attorneys contend she was treated differently than other students because she is a member of The Church of Jesus Christ of Latter-day Saints.