Don Williams and his husband, Jose Ortega, were told by the pastor of a religious school in Arizona where Williams’ daughter is a student that gay couples are not welcome on campus, the couple said.

“He made it clear to us that people bring their kids to him to stay away from people like us,” Ortega said.

The confrontation at Heart Cry Christian Academy shows how, as publicly funded education vouchers blur the lines between public and private education, anti-discrimination provisions that protect families enrolled in district and charter schools may not apply.

A spokesperson for the Arizona Department of Education, which issues the vouchers that can be used at private schools, said a scenario like the one Williams and Ortega experienced is a matter for the courts and that the agency won’t step in. But experts said there are limited legal avenues when it comes to religious schools and discrimination.

It’s unclear whether Williams’ daughter uses a voucher to pay tuition at Heart Cry, although Heart Cry advertises on its website that it will accept public money from Arizona’s voucher program.

Even if the school accepts vouchers, nondiscrimination law doesn’t apply to students enrolled in parochial schools, according to Scottsdale-based education lawyers Lori Kirsch-Goodwin and Hope Kirsch.

Arizona law regarding the voucher program makes clear that a private school “shall not be required to alter its creed, practices, admissions policy or curriculum in order to accept students whose parents pay tuition or fees” using a voucher. Data from the state’s Education Department, which oversees the voucher program, shows that most schools that receive voucher funds are religiously affiliated. When a parent takes Empowerment Scholarship Account funds, as Arizona’s school vouchers are called, the money is deposited into an account that can be drawn upon “for a wide variety of educational expenses,” according to the Arizona Department of Education. The funds, for instance, can be used for private school tuition at a private school, tutoring, therapy or educational materials.

“Once you take the ESA money, you’re losing a lot of your protections,” including federal protections under the Individuals with Disabilities Education Act, Kirsch said. “You don’t get the protections that you do get in public schools.”