Discrimination in Private

Catholic University of America, a private religious academic institution located in the nation’s capitol, is presently the subject of a 60 page discrimination complaint and investigation by the Washington, D.C. Office of Human Rights alleging that it is violating the rights of Muslim students by not allowing them to form a Muslim student group and not providing them rooms without Christian symbols for their daily prayers.

George Washington University Law School professor, John Banzhaf, filed the complaint on behalf of Muslim students who claim they are uncomfortable performing their prayers while surrounded by Catholic icons and symbols, such as Christ on wooden crosses, paintings of Jesus, priests, and Popes in every common room, which they find “inappropriate.”  

John Garvey, president of the university, explained that a Muslim student association would “just not [be] something that we view as an activity that we want to sponsor because we’re a Catholic institution rather than Muslim.”

The university welcomes students of all religions without offering any of them any particular special privileges or accommodations. Banzhaf admitted that the private school is not doing anything illegal by refusing to provide special rooms without Catholic symbols for Muslim prayers, but still thinks they are acting “improperly and probably with malice.”  

So what? This is a textbook example of a frivolous complaint. If Mr. Banzhaf filed this meritless 60 page load of garbage in a court of law it would be summarily dismissed with appropriate monetary sanctions against him.

Muslim students enrolled in a private Catholic school have no right to force that school to accommodate their religion; that would violate the First Amendment Free Exercise Clause.

If Muslim students want to pray outside the presence of Christian icons, they can do it in their dorm rooms or go off campus to a local Mosque. If they want to form a Muslim student organization they can do so, but without the sponsorship of their private Catholic school. If they don’t like it, they can always go to a different school.

If the school were a public university, there would not be Catholic icons in every common room; that would violate the First Amendment Establishment Clause.

If a public university accommodates the religions of its students with chapel’s and special rooms, then it must accommodate all religions. So the best solution for these Muslim students is to go to a Muslim university or a public university – not a private Catholic university.

Meanwhile, Shorter University, a private Christian university in Rome, Georgia that receives no federal funding, is forcing all of its 200 employees to sign a "personal lifestyle statement" rejecting pre-marital sex, adultery and homosexuality. Those who refuse are subject to termination.

"I think that anybody who adheres to a lifestyle that is outside of what the biblical mandate is -- what the board has passed, including the president -- would not be allowed to continue here," Don Dowless, university president explained. If employees indicate a preference for any sexual activity "not agreeable with the Bible," they will be terminated. "Our goal is not to offend people," he said. "Our goal is to declare who we are."

OK, so we know who they are. The only relevant question for me here is: why would anyone, (aside from a religious bigot, of course), in their right mind want to be an employee or student at this university?

The worst of bigots in America have a constitutional right to discriminate – in private.