Religious Discriminiation in Private Universities

slycedbred · Sep 18, 2007

Is it legal for a private christian university to give christians precedence over other religious standpoints in terms of dorm placement, job placement, and leadership opportunities (such as RA positions)?

DNW · Sep 18, 2007

In a word, Yes. Discrimination on the basis of religion by private universities is not prohibited by the Constitution.

taxgenius · Sep 18, 2007

Originally Posted by DarkNWorn

In a word, Yes. Discrimination on the basis of religion by private universities is not prohibited by the Constitution.

I don't think the constitution governs private enterprises at all - it merely limits the power of the government.

wpeters · Sep 18, 2007

Originally Posted by taxgenius69

I don't think the constitution governs private enterprises at all - it merely limits the power of the government.

It's really good that your name isn't constitutiongenius69.

taxgenius · Sep 18, 2007

Originally Posted by wpeters

It's really good that your name isn't constitutiongenius69.

Help me out here. Where am I wrong.

odoreater · Sep 18, 2007

Originally Posted by taxgenius69

Help me out here. Where am I wrong.

Through liberal (lowercase "l") interpretation, the constitution has been held to apply to a lot of private conduct as well. Usually this is accomplished through the commerce clause.

taxgenius · Sep 18, 2007

Originally Posted by odoreater

Through liberal (lowercase "l") interpretation, the constitution has been held to apply to a lot of private conduct as well. Usually this is accomplished through the commerce clause.

Can you give an example of how this controlled private conduct?

DNW · Sep 18, 2007

Originally Posted by taxgenius69

Can you give an example of how this controlled private conduct?

Minimum wage.

Ludeykrus · Sep 18, 2007

And other forms of discrimination.

Yes, liberal interpretation has intruded into the area of private institution and contract.

wpeters · Sep 18, 2007

Originally Posted by taxgenius69

Can you give an example of how this controlled private conduct?

Prohibition against racial discrimination in the sale or rental of housing. Sale and/or rental of private property is a paradigmatic "private conduct," but the Constitution prohibits discrimination in this area.

Fuuma · Sep 18, 2007

Originally Posted by Ludeykrus

And other forms of discrimination.

Yes, liberal interpretation has intruded into the area of private institution and contract.

Intended at the start or not, would you like to live in a society where the constitution did not protect civic liberties when the government is not one of the parties involved? You guys will have to get out of the "US constitution as a sacred text" bullshit and realise it is either an evolving (albeit slowly) document or a text that becomes irrelevent as time passes by.

Ludeykrus · Sep 18, 2007

Originally Posted by Fuuma

Intended at the start or not, would you like to live in a society where the constitution did not protect civic liberties when the government is not one of the parties involved? You guys will have to get out of the "US constitution as a sacred text" bullshit and realise it is either an evolving (albeit slowly) document or a text that becomes irrelevent as time passes by.

There are a number of things I don't find ideal or pleasant, but do not find it the government's role to enforce.

I am one of those "bullshitters" that believes the Constitution is a strict set of rules that was created by men who had more wisdom than most any men today. I believe the rules are just, if not more, applicable today, and that it should be strictly interpreted. The rules were laid out in an explicit manner and were not designed to evolve. The ammendment process being excluded, obviously.

lawyerdad · Sep 18, 2007

Originally Posted by DarkNWorn

Minimum wage.

Odoreater and DW are generally correct here, but left out a step in the analysis. The Commerce Clause of the Constitution has been read as a fairly broad grant of authority to the federal government over areas that might otherwise be exclusively with the control of the various states. Thus, the Commerce Clause is the basis for the authority for the federal government, through affirmative legislative action, to do things like set a federal minimum wage or pass the Civil Rights Act (both of which regulate private conduct having a connection to interstate commerce).
Those limitations on purely private (i.e., non-governmental) conduct do not stem from any inherent limitation on private conduct in the Constitution per se, but rather from statutory limitations enacted pursuant the authority granted to Congress in the Constitution.

odoreater · Sep 18, 2007

Originally Posted by Ludeykrus

The rules were laid out in an explicit manner and were not designed to evolve.

How can you be so sure? What makes you certain that, in a system where all laws are subject to judicial interpretation, this one document was never meant to be interpreted and applied to situations that the original framers did not anticipate?

Btw, I'm not one of those people that believes the constitution is a strict set of rules that was meant to be beyond interpretation, and I did not use the term "liberal interpretation" in such a way as to imply any kind of value judgment. I was using the term "liberal" in a generic sort of way.

lawyerdad · Sep 18, 2007

Originally Posted by wpeters

It's really good that your name isn't constitutiongenius69.
That makes two of you.

Originally Posted by Ludeykrus

And other forms of discrimination.

Yes, liberal interpretation has intruded into the area of private institution and contract.

I'm sure that line really wows the chicks, at least those of the Anne Coulter variety. Unfortunately, it's wrong.

Religious Discriminiation in Private Universities

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