BYU law school being investigated for possible discrimination
The Brigham Young University J. Reuben Clark Law School is under investigation for possible discrimination, which, if proven, could eventually result in the loss of its accreditation.
The group FreeBYU issued a complaint asking the American Bar Association to review whether the law school, along with BYU, expels students who live in same-sex relationships or who for any reason have their names removed from the records of The Church of Jesus Christ of Latter-day Saints.
The mission statement of FreeBYU says: “Specifically, we ask that the Honor Code be updated to allow LDS students to change their personal religious beliefs without being expelled from the University and evicted from their housing.”
“We want to protect vulnerable students,” said FreeBYU spokesman Brad Levin about the reason for the complaint. “The school has a lot of power compared to them.”
Levin said BYU can intimidate with fear.
“We want to achieve reform in the honor code,” he said. “It would enable students to continue their education and housing without disruption. The current policy has caused a lot of harm and isolation.”
But Mary Hoagland, assistant dean for external relations at the J. Reuben Clark Law School, isn’t worried about the school losing its accreditation.
“The law school received a request for information from the ABA a couple of months ago and provided the ABA the information requested,” she said. “We have been accredited by the ABA since 1974 and are confident that we continue to meet ABA standards.”
Students who attend BYU or its law school have to agree each school year to abide by the university’s honor code. For those of the LDS faith it includes a pledge to “participate regularly in church services.”
All who enroll, whether LDS or not, agree to be honest, live a chaste and virtuous life, obey the law, use clean language, respect others, abstain from alcohol, tobacco, tea, coffee and substance abuse, and observe dress and grooming standards.
Non-LDS students do not have to participate in church services, but those who are LDS must maintain an acceptable participation level. If a non-LDS student questions his or her religion, or converts to another faith, there is no problem.
“Former LDS students are the only group singled-out in the Honor Code as being ineligible for an ecclesiastical endorsement from any source, LDS or non-LDS,” FreeBYU’s website says.
However, if an LDS student is excommunicated, disfellowshipped or has his or her name removed from official church records for any reason, the student must discontinue his or her enrollment. With that also comes losing an on-campus job if the student has one, and having to move out of campus housing.
No matter how close to graduation, even if all coursework is completed, such students will be considered ineligible, according to published university policy.
Levin said his group “asked nicely” in November 2014 to have the honor code changed to eliminate the automatic expulsion of an LDS student who changes faiths or is considered to exhibit inappropriate behavior. He said the request had been acknowledged as received, but no action had been taken.
“We have seen no indication they are considering it,” he said.
BYU spokeswoman Carri Jenkins is confident the university will come out on top in the matter, and gave a short response to the Daily Herald.
“We were just reaccredited and have been since 1974,” she said. “We believe we are in compliance.”


