A lawyer for the state of Utah argued Friday that the Utah Board of Education is above and apart from the state’s education system, and not subject to constitutional protections against religious and partisan job requirements.
Arguing before the Utah Supreme Court, Utah Solicitor General Tyler Green said neither school board members nor their executive and office staff are education employees. And no candidate is blocked from running for school board office as a result of their party affiliation, or lack of affiliation.
“It’s not a condition that discriminates against someone,” Green said. “A test is something that discriminates or prohibits, precludes you from moving forward.