- Professor Michael Heise, Cornell Law
Mr. Gregory S. Baylor of Alliance Defending Freedom discussed current and future challenges to the religious freedom of faith-based institutions of higher education, with a special focus on the ongoing debate over California Senate Bill 1146. Earlier versions of SB1146 would have significantly curtailed longstanding religious freedom protections in state anti-discrimination law, thereby exposing faith-based schools to liability for discrimination on the basis of religion, sexual orientation, and gender identity in student and employee relations. The bill's prime sponsor recently removed its most controversial provisions, but he indicated that a similar bill may be proposed in the next legislative session.
Roger Severino oversees the DeVos Center for Religion and Civil Society at the Heritage Foundation, where he focuses on religious liberty, marriage, and life issues. In this video, Severino comments on a joint guidance from the U.S. Department of Justice and the U.S. Department of Education on how schools should apply Title IX to the bathroom choices of transgender students.
On June 23, 2016, the Supreme Court decided Fisher v. Univ. of Texas at Austin. This is the second time the case has come before the high court. Abigail Fisher, a white female, applied for admission to the University of Texas at Austin (the University) but was denied. Fisher sued the University and argued that the use of race as a consideration in the admissions process violated the Equal Protection Clause of the Fourteenth Amendment. The district court held that the University’s admissions process was constitutional, and the U.S. Court of Appeals for the Fifth Circuit affirmed. The case went to the Supreme Court (Fisher I), which held that the appellate court erred in how it applied the strict scrutiny standard, improperly deferring to the University’s good faith in its use of racial classifications. On remand the Fifth Circuit again ruled in favor of the University, deeming its use of race in the admissions process narrowly tailored to a legitimate interest in achieving “the rich diversity that contributes to its academic mission.”
On its second trip to the Supreme Court, the question was whether the Fifth Circuit’s re-endorsement of the University’s use of racial preferences could be sustained under the Equal Protection Clause. By a vote of 4-3, the Supreme Court affirmed the judgment of the Fifth Circuit. Justice Kennedy delivered the opinion of the court, which held that the race-conscious admissions program in use at the time of Fisher’s application was narrowly tailored and lawful under the Equal Protection Clause. Justice Kennedy’s majority opinion was joined by Justices Ginsburg, Breyer, and Sotomayor. Justice Thomas filed a dissenting opinion. Justice Alito also filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kagan took no part in the consideration or decision of the case.
To discuss the case, we have Roger B. Clegg, who is President and General Counsel, Center for Equal Opportunity.
Political correctness in the classroom can be seen as a consequence of a lack of political diversity in the university. How does political correctness affect research, and teaching? Is political correctness all that bad, or does it have a proper place in academia? Professors Pam Karlan, Richard Sander, and Nicholas Rosenkranz discuss.
This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.
Political Correctness on Campus
Stanford Law School