USA TODAY

So Yale Law School endorses anti-religious bigotry now?
Samuel Adkisson, Opinion contributor Published 5:00 a.m. ET April 5, 2019
What starts in the ivory tower of academia — including blatant discrimination 
against religious groups and students — won't stay there for long.


What happens at our nation’s elite law schools rarely stays there.


That is why recent events at Yale Law School are so disturbing. In an effort to 
appease campus protesters, Yale announced that it would begin discriminating 
against religious students. This should concern all who value intellectual 
diversity and religious freedom. But even more troubling is the fact that this 
anti-religious bigotry is unlikely to confine itself to the ivory tower for 
long.


In February, the Yale Federalist Society scheduled 
<https://law.yale.edu/yls-today/yale-law-school-events/fedsoc-presents-litigating-masterpiece-cakeshop-kristen-waggoner>
 an event with Kristen Waggoner, an attorney at Alliance Defending Freedom, one 
of the nation’s premier religious liberty organizations. Waggoner recently 
argued Masterpiece Cakeshop v. Colorado Civil Rights 
Commission<https://www.oyez.org/cases/2017/16-111> before the Supreme Court and 
won in a 7-2 vote. The case involved anti-religious discrimination against a 
Colorado baker.


As Justice Elena Kagan 
explained<https://supreme.justia.com/cases/federal/us/584/16-111/#tab-opinion-3910078>,
 the government acted unconstitutionally because it exhibited “hostility to 
religious views.”


One might expect an event with a successful Supreme Court advocate to be 
welcomed at an elite law school. But before the event had even taken place, 
more than 20 student organizations publicly condemned the event and speaker.


The problem? Waggoner's orthodox Christian beliefs and a commitment to 
religious liberty. Parroting Southern Poverty Law Center talking 
points<https://www.splcenter.org/fighting-hate/extremist-files/group/alliance-defending-freedom>,
 protesters claimed she worked for a "homophobic, transphobic hate group." 
Never mind that Alliance Defending Freedom has won nine Supreme Court 
cases<http://www.abajournal.com/news/article/alliance_defending_freedom_gains_influence_with_supreme_court_wins>
 in the past seven years.

Protesters get administrative support

Par for the course at Ivy League institutions, a list of demands soon followed. 
The organizations called on Dean Heather Gerken to implement policies that 
would make it more difficult for students to work at “discriminatory” 
organizations, like those promoting religious liberty. They also asked her to 
consider denying admission to applicants who worked on certain religious 
liberty efforts before law school. Such lists are normally good for a laugh. 
And this one seemed no different.


But in late March, Yale Law School adopted a novel tactic: one-upping the 
protesters. It announced three major policy changes that went further than many 
of the protesters’ demands, all under the guise of an expanded 
nondiscrimination policy.


The new policies require all 
employers<https://law.yale.edu/student-life/career-development/employers/recruiting-policies>
 to swear that, when hiring students or graduates who benefit from certain Yale 
funding, they will not consider an applicant’s “religion,” “religious creed,” 
“gender identity” or “gender expression,” among other factors. The effect of 
this, for instance, is if a Yale Law student or graduate wishes to work for an 
organization that does consider religion in hiring — say a Catholic 
organization or Jewish advocacy group — Yale will cut them off from three 
important programs.



First, Yale will ban them from receiving the school’s “summer public interest 
funding.” This is more important than it sounds. Between students’ first and 
second years of law school, they typically volunteer at nonprofits or in 
government. (Most law firms, quite understandably, are not interested in hiring 
first-year students.) To help defray students’ living expenses during this 
first summer, Yale offers financial grants. Last summer, for example, Yale 
provided more than $1.9 million to more than 200 
students<https://law.yale.edu/admissions/cost-financial-aid/summer-aid-spif>.


Second, Yale will ban graduates from participating in the school’s loan 
assistance program. The basic idea is simple: If a student graduates, works 
full time, and makes below a certain income threshold, Yale will 
help<https://law.yale.edu/admissions/cost-financial-aid/post-graduate-loan-repayment>
 with their loan payments. Sound too good to be true? Most top law schools have 
similar 
<https://hls.harvard.edu/dept/sfs/basics-for-prospective-and-admitted-students/financial-aid-for-public-service/how-to-compare-lraps/>
 programs. Yale previously boasted 
<https://law.yale.edu/admissions/cost-financial-aid/post-graduate-loan-repayment/coap-highlights-faqs>
 that this program covered “all jobs in all sectors.” No longer.


Third, Yale will ban them from receiving one of the law school’s 
30-plus<https://law.yale.edu/yls-today/news/yale-law-school-announces-51-public-interest-fellowship-recipients-2018-19>
 post-graduate fellowships. These prestigious fellowships offer a year of 
funding for students to serve in a nonprofit or government position.

Standing up to overt religious discrimination

Under the guise of nondiscrimination, Yale Law School has announced it will 
blatantly discriminate. A student is barred from aid if she works at a 
synagogue that gives preference to Jewish applicants, but not if she works at 
an organization that peddles anti-Semitism yet hires all comers. A graduate is 
blocked from funding if she works for the Christian Legal 
Society<https://www.christianlegalsociety.org/membership-statement-faith-affirmation>,
 but not if she works for the Freedom from Religion Foundation. And a graduate 
is not eligible to receive loan assistance if she is a professor at Brigham 
Young 
University<https://hrs.byu.edu/job-seekers/staff-and-faculty-employment/ecclesiastical-questions>,
 but is eligible if she works for Berkeley.


Yale Law School, under the leadership of Dean Gerken, has adopted policies of 
overt religious discrimination. Those who value religious toleration and 
intellectual diversity must stand up and demand that these policies stop.


But these policies — and the ideas animating them — will not confine themselves 
to the ivory tower for long. What happens at law schools like Harvard, Yale and 
Stanford today foreshadows the broader cultural trends of tomorrow. I don't 
like what I see.


What can be done?

►The Senate Judiciary Committee should hold hearings on the state of legal 
education in the United States. It is biased, broken and getting worse.

►Prospective students should consider whether a university respects 
intellectual and religious pluralism when deciding whether to attend. It makes 
a difference.

►Donors should withhold funding from institutions that fail to respect 
religious and intellectual diversity. There are already too many.


In its Masterpiece Cakeshop decision, the Supreme Court ruled against religious 
discrimination. Yale Law School has taken the opposite path, institutionalizing 
anti-religious bigotry in its new policies. It is a decision that must not go 
unchallenge

-- 
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