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.

Thursday, May 1, 2008

Misunderstanding "discrimination", again

Prof. Friedman reports:

In Truth v. Kent School District, (9th Cir., April 25, 2008), the U.S. 9th Circuit Court of Appeals held that a Washington state school district did not violate either the federal Equal Access Act nor the First Amendment when it applied its non-discrimination policy to "Truth", a Bible study club seeking recognition as a student group. The school said the group must remove from its charter a requirement that limits membership to those who sign a fundamentalist Christian statement of faith.

Groan.  It is not, in my view, "discrimination" -- at least, it is not "discrimination" in the sense that gives normative heft to anti-"discrimination" laws for a Christian club to limit membership to Christians, nor is there any reason for a liberal (properly understood) government -- one that (quite appropriately) rejects the idea that political, social, or legal rights may be tied to professions of faith -- to worry about providing "equal access" to such clubs.

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/05/misunderstandin.html

Garnett, Rick | Permalink

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