The End of Anti-Discrimination Discrimination?
Affirmative action proponents face a battle this Monday when the Supreme Court hears Christian Legal Society vs. Martinez. The challenger argues that a campus religious group should have the right to seek members only among those groups adhering to their religious beliefs. The explicit challenge involves the right of CLS to exclude non-Christians, gays and non-celibate students. This case raises the critical issue of whether organizations can “discriminate” – that is form associations to promote specific values or whether that option is precluded by currently dominant views of “anti-discrimination.” It will be an interesting decision. And the chances of America moving toward a truly free world where tolerance rather than value-affirmation becomes public policy are looking much better. The author of the piece was Jonathan Turley, a left-of-center law professor at George Washington University!