Oregon Law Review : Vol. 85 No. 4, p. 943-992 : “The Irresistible Force Meets the Immovable Object": When Antidiscrimination Standards and Religious Belief Collide in ABA-Accredited Law Schools
Dateien
Datum
2007
Autor:innen
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Verlag
University of Oregon School of Law
Zusammenfassung
This Article provides an overview of the conflict between religiously
affiliated law schools and the nondiscrimination ideals espoused
by the ABA standards and the GLBT community with
regard to sexual orientation. In addition, it considers whether
both interests can be fully served within a law school community
or whether one interest must take precedence. Part I introduces
the applicable ABA Standards that govern accreditation of
American law schools and gives a brief overview of the creation
and evolution of the antidiscrimination standard. Part II explores
the First Amendment’s implied right of expressive association—
a right that religiously affiliated law schools will likely
invoke in adjudication of the conflict. Part III attempts to answer
the question of whether the implied right of expressive association
permits a religiously affiliated law school to adopt codes
of conduct for students and faculty that might exclude practicing
homosexuals from employment, and concludes that the First
Amendment would protect such action.
Beschreibung
50 p.
Schlagwörter
Zitierform
85 Or. L. Rev. 943 (2006)