Yes…yes you can.

As a private college, Yale can most certainly place a particular set of moral, philosophical, or religious teachings above a commitment to free expression. It has EVERY right to do so.

The freedom to associate voluntarily with others around “common goals or beliefs” is an integral part of a pluralistic and free society.

AND ITS WHAT CONSERVATIVE JUDGES AND THE FED SOC USE TO JUSTIFY EXCLUDING GAYS FROM PRIVATE ORGANIZATIONS LIKE THE BOY SCOUTS AND FROM RELIGIOUS COLLEGES.

So, students who want to be a part of the shitty federalist society can fuck right off with their complaints about “free speech” if they get banned from private elite colleges.

Yale ain’t the government. It don’t need to accommodate.

Why is that?

Well…back in 2000, Rehnquist, joined by O'Connor, Scalia, Kennedy, and Thomas, authored a 5-4 decision in Boy Scouts of America et al. v. Dale.

And that case held that the constitutional right to freedom of association allowed the Boy Scouts of America (BSA) to exclude a homosexual person from membership IN SPITE of a state law requiring equal treatment of homosexuals in public accommodations.

More generally, the court ruled that a private organization such as the BSA may exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints".