A few weeks ago, I argued that local public universities like SDSU should stop associating with – and thereby supporting – public colleges like the Air Force Academy and private colleges like Brigham Young University. These schools engage in anti-gay bias, something that the California Legislature forbids state agencies to do or support.

Every time UCLA or SDSU plays football with such a school, it gives these schools huge benefits, not just financial benefits, but others like development of alumni support and help with recruiting.

I noted that BYU’s Web site indicates that openly gay or lesbian students will be dismissed. The BYU student newspaper questioned school officials as to whether they were canvassing www.myspace.com to look as BYU student profiles that might suggest homosexual tendencies.

And now, if there was any doubt as to my concern, BYU made it clear a few weeks ago when it fired Jeffrey Nielson, a BYU instructor. He simply wrote a commentary against the Church of Jesus Christ of Latter-day Saints’ opposition to “civil” same-sex marriage.

Not since Marie Osmond divorced her first husband has there been such commotion in Utah.

According to the Salt Lake Tribune, the LDS-owned school will not rehire Nielsen because of the piece.

“I believe opposing gay marriage and seeking a constitutional amendment against it is immoral,” wrote Nielson, a father of four, who taught philosophy at BYU. He’s a practicing Mormon.

Last month, a few days after he wrote his column, Department of Philosophy chair Daniel Graham sent Nielsen a letter informing him of his dismissal.

“In accordance with the order of the church, we do not consider it our responsibility to correct, contradict or dismiss official pronouncements of the church,” the letter read. “Since you have chosen to contradict and oppose the church in an area of great concern to church leaders, and to do so in a public forum, we will not rehire you after the current term is over.”

Not only has he lost his job, but he fears losing his church membership.

LDS Church spokesperson Mark Tuttle told the paper that church members are free to voice their own opinions. He cited Senate Minority Leader Harry Reid, a Mormon who also opposes amending the Constitution to bar same-sex marriage.

The Nevada Democrat did, however, vote for a state constitutional amendment against same-sex marriage and also for the federal Defense of Marriage Act.

The problem for Nielsen is that he could not continue to collect a BYU paycheck while challenging church leaders.

Nielsen, who has taught at BYU for several years, said he was scheduled to teach classes summer, fall and winter. But the BYU philosophy department let him go.

The paper reported that church officials read a statement over pulpits the week before Nielsen’s column ran. Leaders of the LDS Church urged members to support a constitutional amendment banning same-sex marriage and asked them to “express themselves on this urgent matter” to U.S. senators.

Elder Russell M. Nelson of the Quorum of the Twelve Apostles went to Washington, D.C., to show the church’s support for the measure.

Despite that push and a flood of letters from Mormons, the Senate rejected the amendment June 7.

What did Nielsen say?

“To say that gay marriage will destroy traditional marriage and the family without giving any reasons why is the fallacy of appealing to fear,” Nielsen wrote. “Indeed, once you get past the emotion, it is quite an unfounded claim.”

Nielsen’s column also criticized church leaders, saying he finds “quite troubling” their statement that God has ordained marriage as a union between one man and one woman – especially given the faith’s history with polygamy.

Nielsen maintains he wasn’t attacking religious or theological claims, but rather commenting on a moral issue. He also has other questions and asks his church to state clearly its position on the past denial of priesthood to blacks, and clarify the nature of polygamous teachings in the church, both past and future.

Robert DeKoven is a professor at California Western School of Law.