Viewpoint Notre Dame blew it on discrimination
policy
By CHUCK COLBERT
It was already a done deal on Dec. 1, the day the Board of Fellows
-- a small group of Notre Dame officials entrusted with defining the
schools Catholic character -- unanimously decided not to add the category
of sexual orientation to the universitys nondiscrimination
policy.
Nonetheless, more than 100 students staged a three-day hunger
strike supporting a resolution before the full board of trustees in February, a
proposed policy change that would have banned discrimination against gays on
the South Bend campus.
Even celebrity alumnus Phil Donahue weighed in with his support of
the resolution. What sort of inclusion is it if they say that you are
gay, you are a member of the Notre Dame family, but they wont even give
you a room to meet in? Donahue said at a student-sponsored speak out,
referring to the gay student group that has been banned from campus for several
years.
Gay alumni wrote to each of the 55 trustees, urging them to
approve the change. We believe it is time for the university to
explicitly adopt a policy that commits the university to refrain from using
sexual orientation as a criterion in the hiring, retention and promotion of
faculty and staff and in the admission and treatment of students, wrote
the chairman of the 750-member lesbian and gay alumni organization.
The proposed change enjoyed widespread support among students and
faculty, receiving endorsements from various student government organizations
and both the Faculty Senate and the Academic Council, the universitys
highest representative governing body.
But in the end, Notre Dame trustees -- the final authority on the
matter -- unanimously rejected the proposal, saying in a statement released
after the vote they did not believe that the university should leave to
civil courts the interpretation and application of church teaching.
Making sexual orientation a protected category could
inhibit the school in its ability to make decisions that are necessary to
support Catholic church teaching, according a statement, released by the
trustees on Feb. 5, the day of the vote.
The trustees action caps a nearly 5-year-old struggle for
civil rights protection. That struggle erupted during the 1994-95 academic year
when the vice president of student affairs outlawed the self-governing gay
student group. Because the gay students failed to adopt chastity as one of
their organizing principles, the vice president denied them official
recognition by the university and banned them from meeting on campus. No other
student or alumni group is expected to endorse chastity as one of its
organizing principles.
Last year an openly gay Notre Dame priest resigned under the
national news media spotlight because he had been removed from preaching at the
universitys main church, an action he alleged to be discriminatory.
More recently, the dean of the business college disclosed that one
highly qualified candidate for a teaching position was denied the job solely on
the basis of his sexual orientation.
In 1997 the administration issued a spirit of
inclusion statement strongly condemning anti-gay harassment but falling
short of banning discriminatory practices. We choose not to change our
legal nondiscrimination clause, but we call ourselves to act in accordance with
what we regard as a higher standard -- Christs call to inclusiveness,
coupled with the gospels call to live chaste lives, wrote the
schools president, Holy Cross Fr. Edward A. Malloy, who strongly opposed
changing the policy.
It is truly unfortunate that the schools president, fellows
and trustees insist on chastity as a rationale for defining Notre Dames
Catholic character and as justification for refusing to bring the university in
line with other Catholic schools -- Boston College, The Catholic University of
America, Georgetown, DePaul and Loyola -- that already bar discrimination based
on sexual orientation.
Notre Dame misses the point: The real issue is legal protection
for gays in the classroom and workplace, not permission for sexual misconduct
-- gay or straight.
The tradition of Catholic social justice supports such civil
rights protection for lesbians and gay men, as Richard Peddicord, a Dominican
friar and moral theologian so eloquently argues in his book Gay and Lesbian
Rights: A Question: Sexual Ethics or Social Justice.
Gay and lesbian participation in society is not a matter to
be decided by Catholic sexual ethics, Peddicord said last fall at a
national forum.
Sexual ethics is concerned with the values related to human
sexuality and the goals associated with human sexual functioning. It is
manifestly incapable of answering questions concerning human and civil rights
and determining who will or will not be allowed to share in the concrete goods
of society. In traditional Catholic morality, all of these are regulated by the
primary social virtue, that of justice.
Isnt it about time that Notre Dame establish the virtue of
social justice as fundamental to her Catholic character?
Chuck Colbert of Cambridge, Mass., is a 1978 graduate of Notre
Dame. He serves on the board of directors of the National Lesbian and Gay
Journalists Association.
National Catholic Reporter, March 26,
1999
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