Last month, Florida Attorney General James Uttmeier made public a letter to the American Bar Association (“ABA”) accusing it of violating the First Amendment right to religious freedom when it said a Catholic law school did not meet one of its equal opportunity accreditation standards. The school is Florida’s St. Thomas University College of Law, and the standard is number 205, titled “Non-discrimination and Equal Opportunity.” The ABA’s finding did not specify how St. Thomas fell short.
Standard 205 is distinct from the ABA’s standard 206, which requires law schools to commit to diversity ideology to get accredited. The ABA needed to suspend 206 earlier this year since it conflicted not only with President Trump’s Executive Orders banning diversity ideology (aka “diversity, equity, and inclusion” or “DEI”) but also likely violated the 2023 United States Supreme Court opinion Students for Fair Admissions v. Harvard (“SFFA”) as well. In SFFA, the high court found diversity rationales for race-based practices unpersuasive, suggesting that “diversity” was actually a euphemism for the very ethnic stereotyping the Constitution’s Equal Protection Clause was meant to prevent.
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