In a further escalation of conservative criticism of the American Bar Association, Florida’s attorney general now is accusing the organization of violating the First Amendment.
Attorney General James Uthmeier slammed the ABA, which accredits law schools, for determining that a Catholic law school in Miami Gardens hadn’t followed the group’s anti-discrimination and equal opportunity rules.
It’s the latest move against the association in Florida, where the Supreme Court also has asked The Florida Bar to stop making appointments to the ABA House of Delegates, its policymaking body, and is considering alternatives to ABA accreditation for law schools.
The association in August said the St. Thomas University College of Law was “noncompliant” with an ABA standard ensuring that universities with a religious affiliation don’t interfere with admissions or academic freedom. An ABA panel next will review a report submitted by the university at a Nov. 13-15 meeting.
But in a Nov. 6 letter, Uthmeier said the ABA was violating First Amendment rights to religious freedom and expression, and that it was religiously discriminating against the university. The letter didn’t detail a specific incident at the university, but said it raised questions about whether student organizations with different views were treated appropriately.
“Forcing STU Law to change its policies in such a way that further diminishes its right to practice its Catholic faith is intolerable and an unjustifiable burden on STU Law’s sincerely held beliefs,” Uthmeier wrote. “Your policy pays lip service to the First Amendment. It’s time to start honoring it.”
More: Florida Supreme Court halts state Bar’s role in appointments to ABA policymaking panel
The ABA is a voluntary national organization of lawyers that sets professional standards, accredits law schools, and advocates on legal issues, but it has no governmental or regulatory authority. Students in Florida have to graduate from an ABA-accredited law school in order to take the state’s bar exam.
It’s been under fire by Republicans who say it promotes “woke” ideals and is too quick to reject the credibility of conservative candidates for judgeships. The Trump administration, for instance, decided to remove the ABA’s longstanding special access to review federal judicial candidates.
Uthmeier nodded to this in his letter, saying the ABA has “long officially advocated and lobbied for leftist causes.”
“But instead of sticking with these real-world standards, the ABA has used its accreditation power to horsewhip legal education to the left, demanding that schools choose between abandoning their religious values and illegally discriminating or risk losing student funding and bar admission access,” he wrote.
Uthmeier’s office did not comment on specific incidents at the law school, and a request for comment is pending with St. Thomas University. The ABA’s press office also did not respond to questions.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Florida clash grows over ABA and Catholic law school