The American Bar Association is looking into a complaint against Brigham Young University Law School alleging practices that go against ABA nondiscrimination guidelines. The complaint, filed by an advocacy group called FreeBYU, alleges that Mormons who lose or change their faith while in law school are kicked out of school before finishing their degree and LGBT students are forced to hide their sexual orientation and/or gender identity if they wish to avoid expulsion.

The Salt Lake Tribune breaks down the restrictions placed upon BYU students:

[B]reaking away from the LDS religion before graduation is against a conduct code signed by each student. So are homosexual relationships. Sex-reassignment surgery can lead to excommunication from the church, which would get students booted from the school.

Of course, as a religious school, BYU is allowed to show some religious preference in admissions, at least according to the ABA guidelines:

Religious institutions such as BYU have some leeway in tailoring their admissions and hiring processes to indicate a “preference” for people with a certain religious affiliation, according to the most recent ABA guidelines, so long as the preferences are clear before students and faculty come to campus. But the standards may not be used to limit academic freedom or to discriminate when it comes to admission or retention of students. The professional organization of attorneys and law students forbids schools from “taking action” based on race, religion, gender, nationality, sexuality, age or disability.

This isn’t the first time BYU Law has come under fire for its practices. Another accrediting body, The Northwestern Commission on Colleges and Universities, has already looked into the allegations and found no violation. And the school seems confident in their continued ABA accreditation, saying, “We have been accredited by the ABA since 1974 and are confident that we continue to meet ABA standards.”

But are times a-changing. FreeBYU indicates they have over 2,800 signatures on a petition seeking a change in the school’s policy; same-sex marriage is the law of the land, and trans folks are increasingly able to live their lives out loud and see their stories on television. Sooner or later — probably sooner — this is an issue BYU will have to come to grips with.

If you are a student at BYU Law and want to sound off against (or defend) your school’s policy on LGBT students or religious freedom issues, please reach out to us. You can email us at tips@abovethelaw.com or send an SMS/text message to (646) 820-8477. We always keep the names of our tipsters strictly confidential.

National bar group looking into discrimination claim at BYU law school

[Salt Lake Tribune]