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Marc Scarberry's civility point has an appeal to it. But as the proposed cancellation of all clubs in Salt Lake City schools, in order to avoid having to allow GLBT clubs, proved, threatening to shut everyone down is easier than actually doing so. A civility rule that requires students to refrain from creating in affected classes a sense of "otherness," or excludedness, would have to be drawn fairly broadly to do the job without appearing to select religious considerations as the basis of the regulation. But drawn on the larger scale, how many schools will succeed in a program of that sort which requires that all teams be selected with one choice in order to avoid making some students feel less desirable, that requires the band to include the tone deaf lovers of music making with the skilled, etc.? The truth is that students, like other human beings congregate in groups that include some, exclude others, and do so, sometimes quite deliberately and other times, quite incidentally. And because that kind of "discrimination" is so commonplace and accepted, it is difficult to imagine how a program that must reach that level to survive constitutional challenge will withstand commonsensical ones.
Jim "Cutting off Our Noses to Spite Your Faces" Henderson
Senior Counsel
ACLJ
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