Yale Law School has recently come under fire for language in its nondiscrimination policy, which prohibits fellowship funding with organizations that won’t hire applicants who are gay. Because Yale is a private institution, there are no federal regulations that prohibit its nondiscrimination policy, but some legal experts feel that the language should be modified to allow for religious liberty. 

Professor Robin Fretwell Wilson says that of the law schools that do have nondiscrimination policies for fellowship funding, most require employers to certify that they adhere to the requirements. If Yale has that policy, she adds, some groups would be reluctant to sign the agreements.

“I’m not saying that they are discriminating against religious groups, but there will be a set of religious groups that will be diminished because they would not want to sign a certification,” says Wilson, who helped the Utah State Legislature in 2015 amend existing laws to prohibit housing and employment discrimination based on gender identity and sexual orientation.

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