Ernest L. Wilkinson, Leonard J. Arrington, and Bruce C. Hafen write about the favorable turning of opinion toward BYU in early 1970 after two years of protests relating to racial issues.
Wilkinson, Ernest L., Leonard J. Arrington, and Bruce C. Hafen. Brigham Young University: The First One Hundred Years. 4 vols. (Provo, UT: Brigham Young University Press, 1975), 3:479–481, accessed December 30, 2022
At about the same time, black minority students at the University of Washington raised the question of whether that institution should continue athletic competition with BYU. In an opinion dated 10 March 1970 the attorney general of Washington stated:
Although the Mormon Church is the sponsor of Brigham Young University, BYU itself does not engage in any racially discriminatory practices, nor does it require students, faculty or staff to be or become members of the Mormon faith.
Brigham Young University's practices have been found by the Office for Civil Rights of Health, Education, and Welfare to be in complete compliance with Title VI of the Civil Rights Act of 1964 which provides in part that "no person . . . shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance."
Since the only evidence the University has concerning Brigham Young University's racial practices is that it does not discriminate on the basis of race, the University cannot declare a policy of refusal to engage in activities with BYU solely because of a creed of its religious sponsor, regardless of how strongly individuals may disagree with that religious creed.
Similar opinions were given by the attorney generals of Wyoming and Utah.
Despite these opinions, pressures from minority students became so strong that the University of Washington decided it needed a judicial determination to sustain its position that it could not lawfully refuse to play BYU because of the religious beliefs of the Mormon Church. It therefore filed a friendlyvsuit against BYU to determine this question. Since this case involved public relations as well as legal concepts, the BYU administration placed full-page statements in important Washington and Oregon newspapers, quoting the catalog of the institution to the effect that students of any race, creed, color, or national origin were accepted for admission to Brigham Young University and also citing a letter from the Denver Office of the Civil Rights Office of the Department of Health, Education, and Welfare, stating that BYU was in compliance with Title VI of the Civil Rights Act of 1964. . . .These full-page advertisements were very influential and won the support of both Mormon and non-Mormon citizens in the Northwest. Even some blacks came to the support of BYU. Thus, the publisher of a black newspaper advised Dr. Heber G. Wolsey, who was publicity director for BYU, that he hoped his children would attend BYU because BYU had discipline, BYU had faith in God, and BYU seemed to know where it was going. As the tide of public opinion turned, the racism issue faded for lack of merit and substance, and the suit by the University of Washington was dismissed.