For those of you who are in the Colorado area near the end of the month, the 12th Annual Ira C. Rothberger, Jr. Conference, titled “Conscience and the Free Exercise of Religion,” will be held on January 28 at the University of Colorado School of Law. The conference is sponsored by the Byron R. White Center for the Study of American Constitutional Law, the Keller Center for the Study of the First Amendment, and the University of Colorado Law Review.
The subject matter for the conference: “The Constitution enshrines freedom of religion but says nothing about conscience. Yet the framers made many references to conscience in describing their aspirations for constitutional liberty, and religious duties are often articulated in terms of conscience. The Twelfth Rothgerber Conference brings together prominent scholars to probe this enduring enigma and to explore other issues about religious freedom.”
The scheduled speakers and topics are as follows:
Martin H. Belsky, Dean and Professor, University of Tulsa College of Law: “A Practical and Pragmatic Approach to Freedom of Conscience”
R. Kent Greenawalt, University Professor, Columbia Law School: “Free Exercise and Parental Custody”
James W. Nickel, Professor, Arizona State University College of Law: “How the Basic Liberties Generate Freedom of Religion”
Gregory Sisk, Professor, University of St. Thomas School of Law: “How Traditional and Minority Religions Fare in the Courts: Empirical Evidence from Religious Liberty Cases”
Steven Douglas Smith, Warren Distinguished Professor, University of San Diego School of Law: "What Does Religion Have to Do with Freedom of Conscience?"
Kevin J. Worthen, Dean and Professor, J. Reuben Clark Law School, Brigham Young Univesity: "Eagle Feathers and Equality: Insights on Religious Exemptions from the Native American Experience"
At least for officers, the Christian Legal Society student chapter manual prohibits "homosexual conduct" (along with fornication and adultery). As such, I'm not at all confident in liberalism's ability to distinguish between the CLS and the KKK. Let's assume that the student version of the KKK condemns violence and even allows racial minorities into its ranks provided that they swear allegiance to the principle of white supremacy. On what basis would the modern university spend funds supporting one group but not the other? (A response grounded in the distinction between the person and the conduct seems a non-starter in the wake of Lawrence.)
My inclination, for what it's worth, is to let both groups in and allow the marketplace of ideas to flourish. (My answer would certainly be different for an elementary school.) Under a marketplace approach, the university should be entitled to withhold student tuition funds from groups it opposes and promote groups it embraces, but it should not deny disfavored groups meeting space or official recognition, both of which are essential to the groups' campus viability.
Rob
Thursday, January 20, 2005
I appreciate Rob's thoughts on my own post, concerning the dispute between Arizona State University and the Christian Legal Society. I continue to believe, though, that the ASU editorial writer is way "off-base."
Rob asks, "would we be comfortable with the KKK operating at ASU, being funded by tuition dollars, and being permitted to exclude racial and religious minorities from its ranks?" No, we wouldn't. But in my view, the "discrimination" practiced by the CLS -- i.e., "if you want to join the Christian Legal Society, profess your Christianity" -- is simply not the same thing as Kluxer-style racism. And, frankly, it is a sad version of liberalism that asks us to pretend that it is.
ASU would, presumably, justify its "how about we fund student organizations!" enterprise as an effort to stimulate and express the wondrous diversity of the University community. As I see it, to simultaneously insist that student organizations construct themselves according to the tedious "no line-drawing, not ever" norms is to, well, indicate a lack of understanding of that enterprise.
Rick
I share Rick's discomfort with the treatment of the Christian Legal Society at Arizona State University, and I certainly do not equate the CLS with space aliens, but the student newspaper's editorial writer is not entirely off-base. Freedom of association becomes trickier when we're talking about freedom of university-funded associations. Would we be comfortable with the KKK operating at ASU, being funded by tuition dollars, and being permitted to exclude racial and religious minorities from its ranks?
Rob