SCOTUS Says "No" To Discrimination On Campus

Discussion in 'Law and Justice System' started by Madeline, Jun 28, 2010.

  1. Madeline
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    Madeline BANNED

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  2. Quantum Windbag
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    Quantum Windbag Gold Member

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    Actually, the SCOTUS only said that the school could enforce an accept all comers policy if, repeat if, the club accepts school money. Even with this the club can impose registration requirements to discourage people they do not want in the club. I am not use how that will actually work, but my guess is that most schools will not really try to implement the policy that SCOTUS allowed here, even Hastings didn't have it until they knew they were going to lose in court.

    Just think about what this means. If the ADL set up an on campus group like Christian Legal Society a Nazi group would be able to join the group and turn it into a hate group. No one is going to like that when it inevitably occurs, so most colleges will simply allow discrimination to avoid the backlash. This is one the court got wrong, and Alito called it in his dissent.
     
  3. chanel
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    chanel Silver Member

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    So they said they "can" but they don't have to?
     
  4. Madeline
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    SCOTUS said a group seeking official recognition from a school, and accepting any level of financial support from them, must "accept all comers". The Court recognized the desires of schools not to lend their names to groups who discriminate.

    Groups such as the ones Quantum Windbag describes may still form and meet, but may not affiliate themselves with the schools or look to them for financial support.

    The case was decided in part on Title XIV grounds, which applies only to education, but I wonder whether it should be read that narrowly. The Boy Scouts may have a new problem.
     
  5. martybegan
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    martybegan Gold Member

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    This appears to be a very narrow verdict based upon "open admission." The main mitigating factor appears to be the College let the group meet on campus and post flyers, but held back offical recognition.

    I wonder if a group will try to force the open admission issue as people have alluded to, with maybe a Born Again Christian trying to join the Gay/Lesbian group.

    Should make campus life interesting at a minimum.
     
  6. Madeline
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    I know of no GLBT Support Group that closes admission to straight people, on or off campus.
     
  7. Quantum Windbag
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    Quantum Windbag Gold Member

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    No they did not, they ruled that the schools all comers policy is constitutional. There is a major difference between the two interpretations. Just wait until some smartasses start going to vegan groups with Big Macs and see how long any school actually uses an all comers policy in recognizing student groups.
     
  8. martybegan
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    martybegan Gold Member

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    You would have to make it a straight person who opposes same sex marriage and say same sex adoption for the comparison to be equitable.
     
  9. chanel
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    chanel Silver Member

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    I doubt if it will affect the Boy Scouts Madeline.

    Boy Scouts of America membership controversies - Wikipedia, the free encyclopedia

    Support Our Scouts Act includes any youth group for kids under 21. It must not apply to colleges.
     

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