Penn State has joined a growing list of universities under legal scrutiny for how its nondiscrimination policy affects the rights of religious groups on campus.

The legal firms representing the DiscipleMakers Christian Fellowship in its lawsuit against two Penn State administrators have been involved in similar suits against several other universities across the country.

The Christian Legal Society (CLS) and Alliance Defense Fund, co-counsels on the lawsuit filed on Oct. 8 in U.S. District Court in Harrisburg, have fought nondiscrimination policies at the University of North Carolina, Ohio State University, University of Minnesota, Southwest Missouri State University, and Rutgers University, among others.

In some of those cases, concerns were settled through letters without a lawsuit being filed.

"I just know there's concern in the higher education circles in some groups' interest in attacking our commitment to nondiscrimination," said Vice President for Student Affairs Vicky Triponey, who is named in the suit.

"I'm not sure what the motives are here," she said. "Is it the attorney groups trying to fight the broader issues?"

Tim Tracey, an attorney representing DiscipleMakers, works for the Center for Law and Religious Freedom, a part of CLS.

"We certainly see it as something that's cropping up at a number of universities," he said. "It's also important to see the issue in a broader context."

He said the issue at heart is to what extent the government can influence religious groups.

"Whether it be Penn State University or in the case of the government ... [the issue comes down to] whether or not they can tell a faith-based group that they can't discriminate on the basis of religion and sexual orientation."

Triponey said she sees the lawsuits as evidence of a larger conflict between First Amendment rights of students to assemble and universities' responsibility to inhibit discrimination on campuses.

"Which one is the most important right when the two conflict?" she asked. The answer, she said, would come from the courts.

Tuvia Abramson, executive director for Penn State Hillel: the Foundation for Jewish Campus Life, said the confusion comes from a "built-in conflict" between the nondiscrimination clause and the beliefs of some religious groups. What might apply to the chess club in terms of nondiscrimination policy, for instance, might not apply to faith groups because of their beliefs.

After a lawsuit from CLS, Ohio State revised the requirements for university-sanctioned student groups by adding a clause saying "a student organization formed to foster or affirm the sincerely held religious beliefs of its members may adopt a nondiscrimination statement that is consistent with those beliefs."

Tracey said DiscipleMakers is seeking the ability to discriminate in the selection of its officers, though some Christian groups at other campuses have sought the right to discriminate in their membership requirements, as well.

"Every Christian group's unique," he said. "What DiscipleMakers requires of its members is different than, say, what the religious group at Ohio State requires of its members."

Tracey said CLS was "delighted" with Ohio State's revision to its policy.

"We think they recognized what the First Amendment required," he said.

He said the University of North Dakota, University of Oklahoma, and Florida State University all revised their policies without formal legal action.

"They responded just to a letter," Tracey said.