When Chad Hardy created the “Men on a Mission” Calendar of shirtless Mormon hunks, he thought is was a fun idea. Church elders disagreed and excommunicated him. Now, Brigham Young University has denied him a diploma and said that he cannot receive on until he is reinstated by the Mormon church. This could make for a very interesting constitutional and contractual challenge.
On July 13, Hardy was excommunicated by The Church of Jesus Christ of Latter-day Saints. In a Sept. 30 letter from Norman B. Finlinson, the school’s executive director of student academic and advisement services, said a nonacademic hold was placed on Hardy’s record. He informed Hardy: “If in the future you are reinstated as a member of the church in good standing, you are invited to contact my office regarding your possible eligibility for the awarding of a degree.”
That raises some interesting questions about the duty of BYU to issue a diploma that has been earned by a student, even one found to be “faithless.” Assuming that BYU receives grants and other public money, it could create a basis for a challenge. Moreover, this is church-owned university but it is not a seminary. It issues recognized degrees and has sought to refute the image as merely a religious rather than an educational institution.
For the full story, click here.
Hey I’m back. I absolutely agree that bad things happen in the Mormon church. I hope this comes out correctly. I do adhere to the doctrine that the Mormon Church is God’s only true church on the earth. I believe the institution and organization of the church to be perfect and divine. But I also fully acknowledge and admit that the people within the church are NOT perfect… in fact some of the members do some down right deplorable things as illustrated by the case that you posted. Taylor is a disgusting individual that should be crimally punished for what he did. I read the article on the case in the entirety at http://www.kosnoff.com/CM/Custom/TOCArticles.asp and while some of the facts are in dispute, if the Bishop of the girls did know of the abuse he absolutely should have reported the abuse. I hope you will concede that this is what the stake president clearly did do as is the policy of the church. The policy is that the abuse is to be reported. However, imperfect Mormons do make mistakes. And for the record, the case was in Washington State, not Utah. So the degree did not shock the “conservative crowd” into rendering a verdict. But there are cases where “Mormon” juries have found for plaintiffs. I hope I articulated that point aptly.
Nate:
While I applaud your conscientious adherence to Prof. Turley’s attendance policy, I wish I could have caught you with this story before you left for class. The point of my comment is not to tar the entire LDS Church, but merely to say that the LDS’ers occupy no more lofty moral high ground than the RC’ers. Human institutions all have the capacity to be rendered corrupt, even the ones calling themselves “divine”–or even “democratic.” Here’s the pertinent article excerpt:
From the USA Lawyers Weekly:
Verdicts & Settlements December 5, 2005: Mormon Church ordered to pay $4.2M for child sex abuse
Dec 5, 2005
“A Utah jury ordered the Mormon Church to pay $4.2 million to two sisters Nov. 18, for failing to act on numerous reports that a high priest in the church, the girls’ stepfather, repeatedly abused them.
The jury found the church’s willful lack of action to be outrageous and constitute the intentional infliction of emotional distress….”
I have no idea what happened on appeal, but the point is that a Utah jury made that factual finding. How bad must it have been to shock the consciences of that conservative crowd?
Got it. I saw that site prior to looking for one previously set up
under the name “Men on a Mission” – as a possible explanation for why they didn’t name their site that in the beginning.
If it’s theirs, I bet they’d sell you the old one for cheap…
One last thing… here is the link to Hardy’s site.
http://www.mormonsexposed.com
It is active.
Actually, women are counseled not to wear bikinis. They are taught to wear modest one-piece bathing suits. And guys are not allowed to be shirtless at BYU football games. You won’t find a single one.
And as for wanting to change the image of the Church, again it isn’t their image to change. If they want to personally change their image through the calendar, by all means. But don’t claim to be changing the image of millions of other Mormons. The Mormon Church has standards. People may think the standards are antiquated or out of step, but the church does not bend standards simply because it is trendy or it could use an image revamp.
Now, to be perfectly candid with you guys, I think BYU should just give the kid his degree and call it even. I don’t think this whole mess is worth the headache. But I do understand the position of the school, and by extention the church. It has a position with merit and is asserting that position.
Also, I do agree that Mormonism is intertwined in state government. But that is an inevitable outgrowth of the population of Utah. Democratic republicanism is government meant to represent the majority of people. In Utah, the majority happens to be Mormon. It is the same in Southern states where vast segments of the government are evangelical Christians leading to refusals to remove the Ten Commandments from court rooms and swearing on the Bible. I also believe that the government should protect the minority. There are numerous other faiths in Utah that freely practice their religion without interference from the government.
And as far as defending illegal activity, I have never seen or heard of the Mormon Church defending criminal activity by its members. I have seen church members charged with crimes where the church counseled them to turn themselves into the authorities.
I have enjoyed the heated but civil debate. I’m sorry that some people think that Mormonism is a cult. I respectfully disagree. The Church has an image that it wants to portray. If a group of men employed by Ford made a calendar like this without the company’s permission and the company viewed it as defamation of its image, they could be terminated or sued. The Church of Jesus Christ of Latter-day Saints is likewise entitled under law to maintain its own image. Now, I will stop giving my unsolicited opinions. This will be my last post on this thread. I have to go to my torts class with Professor Turley.
It’s true – I can attest to almost everything mespo blogs… 😉
BTW, the calendar is fashioned ‘Men on a Mission’ and here IS a website by that same name which is ‘under construction’. No indication of who it belongs to, though.
Nate:
“Are you going to other sites discussing Notre Dame and asking how that university should respond to the Spanish Inquisition or to the intrigues of the various Popes? Didn’t think so.”
***********
Sorry missed this little nugget the first time. While I don’t usually delve into the Inquisition I do go around decrying the RC’s and their apologists for such modern outrages as its protection of child rapists, and its denial of life saving condoms in AID’s ravaged northern Africa. Readers of this blog can attest to this fact.
Nate:
Your evasion of my questions speaks more eloquently about the moral bankruptcy of this cult than anything I could ever say. My hat is off to you.
Nate,
This was simply 12 guys doing what they wanted to do and maybe trying to make a buck. If it is ok to swim without a shirt and presumably to sunbathe without a shirt, what about bikinis for women? Since bikinis are designed to be more revealing, are they banned by the Church? Are there ever guys at a BYU football game with their shirts off and BYU painted on their chests? If so, why isn’t that a sin? And what is wrong with wanting to change the image of Mormons to make them less stuffy as this student did? Every religion can gain by being more realistic. I think the BYU administrators and the Church need to take a deep breath and realize that they are going beyond reasonableness in this instance.
Yeah, the Christian Coalition definetly is not intertwined in politics. Oh wait, they make up the broad base of the entire Republican Party. And I didn’t know we had returned to the 1950s where we were concerned about JFK and the Pope. JFK seemed to do just fine without being overly beholdant to the Pope, and we all know how intermingled the Catholic Church and politics are. I mean, at one point he was not only a religious figure but a head of state for most of Europe.
And to rafflaw: the comment about anti-Mormon rehetoric was not directed at you. I appreciate what you had to say and how you said it. As far as taking shirts off to swim, there is certainly a time and a place for it. I don’t deny that. But this is not swimming… it is a clear attempt to portray the Church’s missionaries as “sexy.” The name of the website where the calendar is purchased is “Mormons Exposed.” I think there is a differnce between swimming and trying to exploit the human body by “exposing” it. In reality, the calendar was not itself a problem; if these wanted to make it without bringing the Church into it that would be fine. But it was a blatant attempt to not just portray these individuals in a certain light which they had every right to do, but to portray that Church in certain light which they did not have the right to do. They are not authorized to change Church image or give the image a make-over as they see fit. They do not speak for the millions of Mormons that do not see the calendar as appropriate or the Church leaders. And that is exactly what they tried to do. Hardy said he wanted to change the image that people had of Mormons being stuffy and up-tight. That is not his call to make. Don’t affiliate the Church in something you want to do personally. This was not simply 12 guys doing what they wanted to do.
Nate,
Mr. Hardy created a calendar of men without shirts. As far as the story shows it even spoke of each man’s individual mission. Perhaps by LDS standards this was inappropriate and if so one would think a stern reprimand would have sufficiently chastened him. He was, however, excommunicated and denied his degree. The arrogance and abuse of power inherent in this is astonishing. I can only conclude from this vignette that LDS treats non-conformity with disdain and is run by people who see any perceived challenge to their authority as being insufferable. To me this does not speak well for LDS.
As far as giving anti-Morman rhetoric a break I find that hard to do. All religious faiths have had and still have their moments of hypocrisy and of lunacy. Usually, these have come about not because of the core value of the teachings, but because petty little men have become arrogant with their trappings of power and look with disdain on any ill perceived threat to that power. Sadly, whatever moral values that exist in the LDS teachings, have been muddled by the egos of individual leaders. The LDS is far too intertwined in State politics to be trusted in its’ dealings. The twisting of original doctrine by certain Prophets has also seemed self-serving and political, rather than inspired revelation.
To me, at least, this doesn’t bespeak a moral compass, but sheer ego and greed. This is why I feel that Mr. Romney’s run at the Presidency represented a danger, for as you well know he is first beholden to the rule of the Prophet, rather than the Constitution. While I can cite many other religious intrusions into governance that do not include LDS, few other religions are as intertwined with the actual politics that govern a state.
Nate,
I am sure that murder would come under one of the articles of faith. Do Mormons take off their shirts when they swim? I have known Mormons and they were not prohibited from taking off their shirts so why is that grounds to be disfellowshipped? Is “disfellowshippd” a real word? What anti-Mormon rhetoric? I have not made any disparaging comments about the Church of Latter Day Saints and I did not see any remarks other than historical facts. If Notre Dame was doing this kind of thing, I would gladly jump on the band wagon to hold them accountable to act as Christ would have acted. I am sure that even Christ had his shirt off at times.
Students do pay tution, but much less tution than they would otherwise if not for tithing. So, by coming to BYU, you take advantage of that tithing. It essentially results in a scholarship for every student that attends by covering roughly 2/3 the cost of attendance per student.
And as for the Honor Code, next time you search the Honor Code on google, make sure you don’t take the first thing you find, and make sure you post the entire thing.
“Brigham Young University, Brigham Young University-Hawaii, Brigham Young University-Idaho, and LDS Business College exist to provide an education in an atmosphere consistent with the ideals and principles of The Church of Jesus Christ of Latter-day Saints. That atmosphere is created and preserved through commitment to conduct that reflects those ideals and principles. Members of the faculty, administration, staff, and student body at BYU, BYU-H, BYU-I, and LDSBC are selected and retained from among individuals who voluntarily live the principles of the gospel of Jesus Christ. Observance of such is a specific condition of employment and admission. Those individuals who are not members of The Church of Jesus Christ of Latter-day Saints are also expected to maintain the same standards of conduct, except church attendance. All who represent BYU, BYU-H, BYU-I, and LDSBC are to maintain the highest standards of honor, integrity, morality, and consideration of others in personal behavior. By accepting appointment on the faculty, continuing in employment, or continuing class enrollment, individuals evidence their commitment to observe the Honor Code standards approved by the Board of Trustees “at all times and . . . in all places.” (Mosiah 18:9)
We believe in being honest, true, chaste, benevolent, virtuous, and in doing good to all men. . . . If there is anything virtuous, lovely, or of good report or praiseworthy, we seek after these things. (Thirteenth Article of Faith)
As a matter of personal commitment, students, faculty, and staff of Brigham Young University, Brigham Young University-Hawaii, Brigham Young University-Idaho, and LDS Business College seek to demonstrate in daily living on and off campus those moral virtues encompassed in the gospel of Jesus Christ, and will
Be honest
Observe Dress and Grooming Standards
Obey the law and all campus policies
Participate regularly in church services
Live a chaste and virtuous life
Use clean language
Respect others
Abstain from alcoholic beverages, tobacco, tea, coffee, and substance abuse
Encourage others in their commitment to comply with the Honor Code
Furthermore, in the Selected Clarifications section it states:
“Church Disciplinary Council Action
When a student is disfellowshipped or excommunicated, Church leaders are to notify school authorities. In these instances, suspension from school is virtually automatic, although the president of the school has authority to authorize exceptions under rare circumstances to the end of the current term. The school generally suspends disfellowshipped and excommunicated students because acts leading to these Church penalties generally far exceed the bounds of the school’s Honor Code.
Except for rare circumstances authorized by the president of the school, admission is denied to prospective students who have been excommunicated or disfellowshipped and have not been reinstated.”
So the Honor Code may not say that making calendars is grounds for suspension, but it does say that being excommunicated is grounds for suspension. I mean really, if you want to push your rationale to its logical termination, the honor code doesn’t mention murder either, but I’m sure you would probably get suspended for that too. And even if the bottom line is that Hardy didn’t pay his tithing, if it was sufficient to get him excommunicated, it was sufficent to get his suspended. And he knew it or should have known it.
And give all the anti-Mormon rhetoric a break. Are you going to other sites discussing Notre Dame and asking how that university should respond to the Spanish Inquisition or to the intrigues of the various Popes? Didn’t think so.
Good job Mespo! Nate, if you want accountability, shouldn’t BYU have to offer the student the opportunity for his 4 years of money back? After all, as Mespo has pointed out, the calendar activity is not banned by the honor policy so shouldn’t BYU be held accountable and issue the earned diploma? By the way, doesn’t BYU charge tuition? You stated that the university is run by contributions by Church members, but the college website lists tuition fees and shows that non-church members actually have to pay more for the same services. If the contributions from the Church members is enough to run the university, why are they charging students tuition?
Nate:
Here’s the Honor Code of that fine religious organization and its affiliates:
“Brigham Young University, Brigham Young University-Hawaii, Brigham Young University-Idaho, and LDS Business College exist to provide an education in an atmosphere consistent with the ideals and principles of The Church of Jesus Christ of Latter-day Saints. That atmosphere is created and preserved through commitment to conduct that reflects those ideals and principles. Members of the faculty, administration, staff, and student body at BYU, BYU-H, BYU-I, and LDSBC are selected and retained from among individuals who voluntarily live the principles of the gospel of Jesus Christ. Observance of such is a specific condition of employment and admission. Those individuals who are not members of The Church of Jesus Christ of Latter-day Saints are also expected to maintain the same standards of conduct, except church attendance. All who represent BYU, BYU-H, BYU-I, and LDSBC are to maintain the highest standards of honor, integrity, morality, and consideration of others in personal behavior.”
Pray tell where posing for a calendar is prohibited, or do you suppose that such posing is “immoral.” Maybe Jesus taught against calendars? Nope, nothing in the New Testament or the Book of Mormon prohibiting calendars. If that is immoral, I wonder how BYU et seq. would have handled Brigham Young’s banning of black priests from membership in the LDS Church or his role in the Mountain Meadows Massacre. Maybe you could explain the Code’s application to Joseph Smith’s actions in fostering the 1838 Mormon War or the vigilantes he inspired and funded.
The real reason for the excommunication is that our model refused to tithe, and hence when you don’t pay, you can’t play in the money saturated world of the LDS Church. Give him his degree and let him become an educated man and, more importantly, an ex-Mormon.
Next time, don’t sign an honor code that stipulates what you may and may not do and then violate it. Yes, Hardy had to sign an honor code that was purely voluntary when he enrolled at BYU and continued as a student. It stated the consequences of violation including the measure he received.
Whether you like Mormons or not is irrelevant; this is a case where people don’t like being held accountable for agreeing to do something and then failing to do it. Don’t complain when the consequence you agreed to is imposed for something you agreed not to do.
And BYU is run on the tithing of Church members.
Where can I get my copy of this calendar?
You know, some college may jump on the chance to be the shining star and find a way to get his credits and award him a diploma.
The LDS controls Utah, but maintains the fiction that this state is just like any other. Whether or not Mormonism is a valid Christian religion rests solely on a person’s individual faith and should always be judged as the right of the individual to have their own religious views. The Utah problem, however, makes this difficult because the Church is so intertwined with the Government. LDS officials have spent decades trying to play this fact down, but occasionally the reality shines through and this case is but the latest example. Obviously, whether one has completed the required curriculum should be the salient fact in granting a degree. Denying Mr. Hardy his degree due to his excommunication from LDS is not only wrong from a legal position, but represents public relations stupidity on the part of LDS. While i believe myself to be non-judgmental in terms of the beliefs and ethnicity of my fellow citizens, I must admit that in this past year when Mitt Romney was vying for the nomination there was a strong part of me that would have rejected him solely on his high status within LDS. I was surprised by my own admitted prejudice, but I am still not sure that there is no valid basis for feeling this way. Stories like this reinforce my feelings.
IIRC accrediting organizations are independent, not government, entities. I could easily be mistaken though.
Hasn’t there been a ruling that an organization is bound by gov’t regulations if it merely allows students to take federally-backed student loans? This surprised me the first time I heard it, but it makes sense since the feds want to make sure that the money is going to legitimate educational institutions, even if said institution is Barb’s Beautician Academy vs. a 4-year university. That means you can only use the money if you’re enrolled at a federally acceptable institution (it’s appropriately accredited, has an acceptable graduation rate, etc.), and that, in turn, means that the institution had to agree to various conditions for its students to be allowed to get loans for tuition and other expenses.
Obviously one of the big concerns would be that students would complete their program of study and still be denied graduation due to some trivial non-academic issue. Something that would seem to cover this situation.
The only reason to deny this student a diploma would have been his exposure of the “bullet protective” Mormon underwear. Revealing church secrets overrides any state interest in the schools’s claim that it is a legitimate university issuing actual state approved degrees.