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, May 4, 2012

Nondiscrimination, sexual orientation, and Catholic universities

A student in my "Catholic Social Thought and the Law" class composed and shared this post:

I wanted to take this opportunity to discuss, in light of our recent discussion of Catholic universities, Notre Dame’s recent affirmance of its decision not to add sexual orientation to the university’s nondiscrimination clause.  This is an extremely hot-button issue on campus.  Surprisingly (at least to me), from the reaction in the Observer and my own observations, a majority of students seem to be in favor of making the change.  I have always supported Notre Dame’s decision on institutional freedom grounds (even before I knew that this was the argument I made), but now pose the question of whether we can maintain our status as a meaningfully Catholic university if we make the change, and the corollary, whether we can maintain our status as a well-regarded research university if we continue to resist the change?

There are interesting arguments on both sides.  Many people believe that Notre Dame’s low undergraduate peer-assessment scores on the US News & World Report ranking indicate a bias in the academic community against our supposedly “backward” policies.  Still others believe that talented high school students who would otherwise consider attending are scared off by our lack of recognition of the LGBQT community.  Both of these are supposedly holding us back from being an “elite” university.

On the administration’s side, of course, is the assertion that Notre Dame’s identity as a truly Catholic university would be compromised by such a move.  I think that this far more accurate than many believe.  While we can still plausibly claim to be Catholic, how much more can we sacrifice in the name of secular recognition?  Of course, we are still instructed to treat all human beings in accord with their dignity; the only practical effect of the nondiscrimination clause is that Notre Dame does not have to recognize student organizations with LGBQT ties.  The downside of not including it is far worse; it would lead us further along the road of becoming just another secularized, Catholic-in-name only, university.  There is something much more to being a Catholic university than simply having a majority of Catholic students or some Catholic faculty.  If we someday forget this, we are heading down the wrong road and being influenced by secular pressure to conform to the popular image of the university. 

In sum, the students and faculty that come to Notre Dame generally come here because of, not in spite of, our Catholicism.  Our goal is not simply to have a group of students with high standardized test scores, but to accomplish our mission.  Should we have to lose a few spots in USNWR or median SAT scores to do that, it is a trade worth making.

https://mirrorofjustice.blogs.com/mirrorofjustice/2012/05/nondiscrimination-sexual-orientation-and-catholic-universities.html

Garnett, Rick | Permalink

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Here is an excerpt from a statement titled "Notre Dame enhances support for gay and lesbian students" issued by Dennis Brown, chief spokesman and assistant vice president for public information and communications at the University of Notre Dame:

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Notre Dame continues to be committed to non-discrimination and inclusion, as articulated in the “Spirit of Inclusion” statement and the University’s discriminatory harassment policy. While the wording of the University’s non-discrimination clause will remain in its current form, Notre Dame will strive to enhance awareness of existing practices and protections among students, faculty and staff. The avenues for reporting harassment and discrimination will be clarified, strengthened, and better publicized.
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http://newsinfo.nd.edu/news/30481-notre-dame-enhances-support-for-gay-and-lesbian-students/

Here is the opening paragraph of Notre Dame's "Spirit of Inclusion" statement:

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The University of Notre Dame strives for a spirit of inclusion among the members of this community for distinct reasons articulated in our Christian tradition. We prize the uniqueness of all persons as God’s creatures. We welcome all people, regardless of color, gender, religion, ethnicity, sexual orientation, social or economic class, and nationality, for example, precisely because of Christ’s calling to treat others as we desire to be treated. We value gay and lesbian members of this community as we value all members of this community. We condemn harassment of any kind, and University policies proscribe it. We consciously create an environment of mutual respect, hospitality and warmth in which none are strangers and all may flourish.
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http://dulac.nd.edu/spirit-of-inclusion/

It seems like Notre Dame wants to commit itself to a policy of nondiscrimination against gays and lesbians but also wants to avoid including sexual orientation in its official nondiscrimination statement.

I'm not sure what to make of it. The administration is clearly seeking a "political" compromise with the students. It is a compromise I would lean toward accepting were I a student at Notre Dame, since the university is in a tough spot considering statements from the CDF against official protections for gay people. But it does seem like Notre Dame is saying, "We believe discrimination is wrong, and we won't do it, but we have to be careful about how we say that."

The student says, "[T]he only practical effect of the nondiscrimination clause is that Notre Dame does not have to recognize student organizations with LGBQT ties." Is the difference between Catholic schools and Catholic schools in name only that the former don't recognize gay student organizations and the latter do?