QUOTE
Munson Man:
... just genuinely don't follow the dinstinction......
And
that, my friend. is the root of the problem - when is it "ok" to discriminate and when is it not?
Backing up for a sec, "discrimination" is not a bad thing in and of itself. I think of the cat food commercial with Lauren Bacall purring, "Good taste is easy to recognize." (Looking back, I wish that I had been more "discriminating" when it came to girlfriends.) wink
So "discrimination" as "distinction" is not only necessary, but beneficial. Moving up the scale, there are situations where distinctions on the basis of gender, race, you name it, are legitimate. Shouldn't the Knights of Columbus be all-male? Shouldn't fraternities/sororities be gender-divided? Isn't there a cultural argument to be made for historically black colleges and universities? What about deaf culture?
The problems arise as you move through the scaled grey areas to situations that discriminate without any legitimate basis, such as lunch counters, Jim Crow laws, etc. Where do you draw the line?
I believe that private organizations should have the right to determine their own members. Sad to say, that means that the Ancient Order of Hibernians can exclude gay groups from the Boston St.Patty's Day parade (legally speaking, but not morally). I certainly want the reciprocal right to exclude Exodus from Gay Pride.
I also believe that laws and policies should be uniformly enforced, unless such applications lead to an absurd result (e.g., shaving female cadets' heads at military academies, when a way-short cut achieves the desired psychological effect).
For my analysis, the line can be drawn when the organization is public or quasi-public, such as the Boy Scouts. For a number of reasons -- receipt of public funds, holding itself out as an American institution -- I believe that the Boy Scouts have no legal right to discriminate on the basis of sexual orientation. However, because there are plausible arguments to be made for the benefits of gender segregation (too long and involved for the purposes of this post), the Boy Scouts
can legitimately discriminate on the basis of gender. So can the Girl Scouts. So can other youth groups.
But country clubs, like the Rotary, offer business incentives for membership -- kind of like an upscale Chamber of Commerce. OK, a
really really upscale Chamber. This is what differentiates a country club from the Junior League, or the men's group at my church. And because businesses cannot discriminate, I believe that it offends fundamental notions of fairness to let (perhaps a small number of) businesses do so through the back door by keeping female executives out of the clubhouse. I know that many of these clubs "let" women play, but let's not kid ourselves -- there's a huge difference between being a guest and being a member.
While you'll agree with the basics of this analysis re fairness and uniformity, you'll probably disagree with where your own personal line is drawn. It doesn't make you a bigot if you have fair intentions. I mean, think about it -- who's beating down the door to get into the (insert example of minority-identified group here)? And once that plaintiff wins entry, does said plaintiff stick around, or just remain satisfied with proving a point?
I think that Martha Burk is very wise in shifting her strategy toward corporate members. It's going to be interesting to see how the dialogue progresses.
GatorJ
[ April 22, 2003, 12:38 PM: Message edited by: GatorJamie ]