The Newman Guide to Choosing a Catholic CollegeThe Center for the Advancement of Catholic Higher EducationRENOVOThe Catholic Higher Education BlogThe Cardinal Newman Society"...a public conscience for Catholic higher education,"Father Matthew Lamb, Ave Maria University"...a voice crying out in the wilderness,"Father Benedict Groeschel, CFR"...simply one of the most effective Catholic apostolates in America,"Brian St. Paul, editor InsideCatholic.com
In light of a pending lawsuit against The Catholic University of America in Washington, DC -- claiming that its move toward single-sex residence halls is sex discrimination under the Distict of Columbia Human Rights Law -- The Cardinal Newman Society today released a legal memo prepared by Dale Schowengerdt, an attorney at the Alliance Defense Fund, to advise Catholic college leaders on the legality of single-sex dorms.
The introduction to the memo states:
Catholic University of America's president, John Garvey, recently announced that the school will end its experiment with co-ed dorms next fall when it will begin its transition back to single-sex sleeping quarters for all campus housing. Although the announcement delighted many parents who are trying to decide where to send their children to college, it also had one vocal critic. Professor John Banzhaff -- who made news a few years ago for suing McDonald's, claiming that it should be legally liable for making kids obese -- has threatened a lawsuit against CUA, arguing that it must have co-ed dorms or the school will be engaging in illegal sex discrimination. Is he right? No, not by a long shot. As long as a college does not subject either men or women to particular disadvantages or unequal burdens, there is no sex discrimination. Moreover, a religious school's right to maintain separate living quarters for men and women is protected by the Constitution and federal law. In short, Catholic colleges should not feel compelled to maintain co-ed dorms simply because a lone attorney in D.C. is threatening to sue. No court has ever held that a college must maintain co-ed dorms. And based on well-established law, it is very unlikely that a court would do so.
Catholic University of America's president, John Garvey, recently announced that the school will end its experiment with co-ed dorms next fall when it will begin its transition back to single-sex sleeping quarters for all campus housing. Although the announcement delighted many parents who are trying to decide where to send their children to college, it also had one vocal critic. Professor John Banzhaff -- who made news a few years ago for suing McDonald's, claiming that it should be legally liable for making kids obese -- has threatened a lawsuit against CUA, arguing that it must have co-ed dorms or the school will be engaging in illegal sex discrimination.
Is he right? No, not by a long shot. As long as a college does not subject either men or women to particular disadvantages or unequal burdens, there is no sex discrimination. Moreover, a religious school's right to maintain separate living quarters for men and women is protected by the Constitution and federal law.
In short, Catholic colleges should not feel compelled to maintain co-ed dorms simply because a lone attorney in D.C. is threatening to sue. No court has ever held that a college must maintain co-ed dorms. And based on well-established law, it is very unlikely that a court would do so.
The entire memo is available here.
