Tuesday, June 29, 2010

Discrimination

The Supreme Court has ruled in another ideologically split 5-4 decision that public schools can refuse funding and facilities to campus groups that discriminate as to who they allow to join their organizations. The specific case pitted the Christian Legal Society against the University of California's Hastings College of Law (CLS v. Martinez) and devolved around the question whether Hastings could defund a Christian law student group which offered membership only to those who agreed that sex apart from a marriage of one man and one woman was wrong. This provision violated the school's policy of non-discrimination on the basis of religion or sexual orientation. The Court ruled that the school can indeed defund such groups.

Why, though, should religion and sexual orientation be the only criteria upon which to base non-discrimination? Why not race, sex, political affiliation, or even academic achievement?

The logic of the Court's decision seems to suggest that, in order to keep their funding and access to school facilities, Muslims should have to accept into their chapters Christians, Jews, atheists and any other infidels who wish to join and vice versa. Moreover, organizations for minority students should be obligated to accept non-minorities into membership, women's groups should have to accept men, Republicans should be able to join the Young Democrats, and organizations based on academic distinction should be required to accept academic sluggards onto their rolls. To do otherwise is to "discriminate."

Indeed, the decision will ultimately force any group which wishes to retain its distinctive identity - which is probably most student groups - off campus. I haven't read the ruling itself so perhaps I'm missing something, but if I'm not, what is there about the majority's reasoning in this case that makes sense? Have we become so politically correct, so egalitarian, so progressive, so fatuous that student groups will no longer be recognized by tax-payer funded schools if they seek to limit their membership to people with which they share some crucial quality in common? Has the very concept of discrimination, once considered the essence of wisdom and taste, now become an obscenity?

RLC