Notre Dame delays vote on protection for gays
By TERESA
MALCOLM NCR Staff
About 200 people recently attended a rally at the University of
Notre Dame in support of adding sexual orientation to the universitys
nondiscrimination clause. The next day, the Academic Council postponed a vote
on the issue, saying it needs more information on the legal and religious
ramifications.
The Observer, the campus newspaper, also reported that at
the council meeting, which was closed to the public, a faculty member claimed
that a qualified candidate for a position on the faculty was not hired because
of the candidates sexual orientation.
The Oct. 7 rally and the council meeting the next day followed
more than a year of controversy on the issue, including the resignation of Fr.
David Garrick, a former professor of communications and theater. Garrick
resigned in March as a heartfelt protest of the universitys
refusal to grant homosexuals legal protection from discrimination (NCR,
April 10).
Nearly 20 students and faculty members spoke at the rally
organized by the Progressive Student Alliance. Speakers criticized the argument
that the university would face frivolous lawsuits if sexual orientation were
included in the legal nondiscrimination clause.
Is it more important to protect oneself from a lawsuit than
to do what is right? asked Jay Smith of the College Democrats. It
is a moral imperative that this university extend support to
everyone.
Participants also charged that Notre Dame was backing down from
its Spirit of Inclusion statement, which was adopted in August 1997. It called
on the Notre Dame community to welcome all people, regardless of color,
gender ... [and] sexual orientation.
Alyssa Hellrung, co-president of Outreach ND, a group of gay and
lesbian students, called the inclusion statement a feeble attempt
to address discrimination against homosexuals. It didnt work, or
else Fr. Garrick wouldnt have resigned, she said.
When Garrick resigned, he claimed that his suspension from his
duties as a minister in the Basilica of the Sacred Heart, the main church on
campus, came as a result of his coming out as a gay celibate priest in The
Observer.
Auxiliary Bishop Thomas Gumbleton of Detroit and Phil Donahue, a
1957 Notre Dame alumnus, sent letters of support that were read at the rally
along with a letter from Garrick.
The truth is that at Notre Dame gay people do not have the
legal right to announce, either openly or privately, that they are gay,
Garrick wrote. At Notre Dame they can be penalized for making such an
announcement. For example, students who are known to be gay have not been
appointed as resident assistants. Faculty who are known to be gay have not been
appointed as advisers to gay student groups. This lack of legal protection is a
serious form of oppression.
The Observer reported that during the Academic
Councils Oct. 8 meeting, Carolyn Woo, dean of the College of Business
Administration, said that a prospective faculty member was not offered
employment after admitting to being a homosexual. Woo said that the candidate
was by far the most qualified applicant for the job, The Observer
said.
The council postponed its vote on the proposed amendment to the
universitys nondiscrimination clause until its next meeting Nov. 17. The
council cited lack of information about the legal and religious issues
surrounding the amendment.
As a voting member, Id like to be as informed as
possible, said Charles Kulpa, professor of biological sciences. I
think its a wise decision.
Sophie Fortin, who cowrote the Student Senate resolution calling
on the council to approve the change, also approved of the decision to
postpone. The strongest argument is definitely going to come out from
[the research and debate], she told The Observer. The more
you know, the more it is going to come out that [approval] is the best
decision.
If the Academic Council passes the proposal, it will be brought
before the Board of Trustees for final approval. The boards next meeting
will be in February.
National Catholic Reporter, October 30,
1998
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