Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, March 12, 2004

Diversity and Discrimination: a double standard?

There is some appeal to Rick's suggested approach (posted below) to the specter of a double standard when it comes to Gonzaga rejecting the Christian Legal Society student group versus Seton Hall rejecting the gay student group. We could support Seton Hall's action, but not Gonzaga's action, with an eye toward the Catholic identity of the institution.

But that approach is of limited help when it comes to non-Catholic institutions. Many schools, including Harvard, have resisted InterVarsity Christian Fellowship's official presence on campus because the group limits leadership to Christians. Most of us probably think Harvard should allow such groups to operate in a way that is consistent with the group's own religious identity. But if schools like Harvard have any core identity these days, it's arguably an identity rooted in an expansive vision of non-discrimination. So isn't InterVarsity's Christian-only leadership requirement inconsistent with Harvard's identity, just as a gay student group's mission is (arguably) inconsistent with Seton Hall's identity? Do we think secular schools are obligated to embrace a more robust form of pluralism than Catholic schools?

I certainly don't pretend to have an easy answer to this, but it seems that if we're going to invoke principles of pluralism and liberty to second-guess institutional decision-making shaped by a secular worldview that cuts against religious groups, we also have to invoke it when institutional decision-making shaped by a religious worldview cuts against non-religious groups. (I'm not speaking in constitutional terms here, just as a matter of public argument.) Either that, or we have to offer a double standard for pluralism and associational liberty depending on whether the school has a secular or religious worldview, and I'm not sure how to defend that, especially given that many tenets of modern liberalism have risen to the level of religious belief in the eyes of many adherents, especially in the realm of higher education.

Rob

https://mirrorofjustice.blogs.com/mirrorofjustice/2004/03/diversity_and_d_2.html

Vischer, Rob | Permalink

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