Does state law always trump a university’s non-discrimination policy?
Just heard that UNC is going to follow the new NC state law and not let transgender students use facilities of their gender identity and let students cite religious reasons for refusing housing/clubs to lgbt students…
I know U Kansas is allowing clubs to ban LGBT for religious reasons and Mississippi’s law goes even further potentially allowing refusal of medical treatment… I haven’t heard yet if Mississippi’s universities are going to comply or not…I am assuming they are…
I know nothing about the law is there any case where a university’s nondiscrimination policy could protect a lgbt student from these any of these awful cases?
My son attends Elon University - a private university in NC - and they have released strong stmts in support of their LGBT students. They will stick with their existing non-discriminatory policies.
Statement on House Bill 2: “In regard to the use of restrooms, we reaffirm our position that individuals should use facilities in which they feel most comfortable and align with their gender identity.”
I think @ucbalumnus is probably correct – with the caveat that a private school receiving state funds might have to choose between complying and having those funds cut off. Obviously, challenges to these laws are headed for the federal courts and SCOTUS.
I think that being state or private does matter. I know that in CH the professors and students are not in support of this law, and many have been quite vocal.
Even if there is no issue on campuses - the law will effect them whenever they are off campus. I can’t imagine an LBGTQ student wanting to go to school or live in those states when there are states who don’t have these backward thinking and discriminatory laws. Neither would I think they would want their good money being spent in those states.
I would not support my student, even if not LBGTQ, attending a university in any state that treats people that way. I will also not travel there until it changes nor support any business that discriminates in that way.
Years ago, Colorado had Amendment 2 which prevented cities from passing protection laws giving favorable treatment to gays (and others). Mostly it was to prevent gay marriage, employment preferences, housing preferences. It did not in any way make Denver, Boulder, Aspen, Telluride less liberal or less welcoming to LBGT (no Q in those days). Everyone carried on as usual while the cases were tried in court.
^ The amendment in CO, while still appalling, was not nearly as far reaching as those just passed. And while I am sure SCOTUS will eventually rule they are unconstitutional - it’s apparent that states like those will just keep right on passing these kinds of discriminatory laws. Who would want to go to a school in a state like that or live there if they have choice?
I’m also with 3bm103. There are certain states I will not go on vacation to or ever move to and I will not support any business who discriminates.
EB hit the nail on the head. LGBT+ people will not spend 100% of time on campus so they’re still very much subjected to state laws.
I don’t know how anyone could voluntarily spend money in a place like that. My heart breaks for the students in these states who had zero control over this.
I don’t agree. In Colorado, in cities where gays could get married, adopt children together, take state approved actions, they could no longer do that. The cities were barred from accommodating them, from protecting them. Under these new laws, a particular business might not sell them flowers or bake their cakes, but they can still get married and used a different florist or baker.
It is the atmosphere of the cities and towns that are important. Will LGBTs be welcomed? Accepted? For many years some communities were very welcoming even when laws were not. Things accepted in San Francisco were viewed with horror in the Inland Empire.
I do not expect Duke to have fewer applicants next year.
You are talking about the Amendment 2 which SCOTUS ruled was unconstituional? That amendment was also passed in the early '90’s. There is a world of difference between the early 90’s attitudes and today’s attitudes towards these issues. Heck, CA passed a proposition banning gay marriage about 10 years ago. No way would anything like that pass today.
These states are passing deliberate discriminatory laws because once again, SCOTUS, ruled in favor of gay rights and they just cannot stand that. They are a bunch of bigoted people chosen by the citizens of those states to represent them. It’s appalling these things are happening in 2016.
I’m sure there will be kids who will not be applying to Duke and other NC colleges and universities because of these laws. Companies are already rethinking plans to do business there - PayPal is one that has already canceled plans to move some operations there.
There are students in CH that started there before the law came into effect, and long before anybody could even imagine that such a law was possible. Margaret Spellings was recently appointed head of the UNC system, and protests broke out like nobody’s business once she arrived. The Triangle area is very welcoming to the LGBT and does not agree with what is going on. Many, many people in the state of NC are not in favor of this law. Yes, this law is discriminatory and disgusting, but that is no reason to leave. If anything, it makes me want to keep my kid there so she could fight for what is right and support those who are discriminated against.
Why there may be many, many people in NC who are opposed to these bills, there are obviously not nearly enough because the majorities in the NC legislature voted overwhelmingly for it and the Governor eagerly signed it. Start electing people who aren’t prejudice and who stop passage of these types of bills and I will change my mind. Until then I wouldn’t step foot in NC. Even my Governor has banned business travel to NC for state employees and I don’t believe he is alone in that.