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View Diary: Georgia gives tax support to schools that expel kids for being gay or not hating gays enough (73 comments)

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  •  I don't think the first amendment (2+ / 0-)
    Recommended by:
    commonmass, skrekk

    protects discrimination. I'm pretty sure you couldn't establish a whites only school. Why is it OK for them to discriminate against LGBT?

    •  Sure you could do a whites-only school. (1+ / 0-)
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      And it would be a scandal for sure if state money made it there...which is the whole point of this diary.

      I think coffee is right though on the gov needing to modify its policy (which probably exists in the first place to fund christian schools) in order for this to be illegal.

      I see what you did there.

      by GoGoGoEverton on Tue Jan 22, 2013 at 10:19:37 AM PST

      [ Parent ]

    •  hnichols - my guess is that the schools need to (0+ / 0-)

      follow state and national civil rights laws and certain Title IX regulations. What current protections does the LGBT community have under state or federal civil rights or Title IX laws?

      "let's talk about that"

      by VClib on Tue Jan 22, 2013 at 10:30:31 AM PST

      [ Parent ]

    •  You are wrong. (3+ / 0-)
      Recommended by:
      absdoggy, nextstep, Cassandra Waites

      Private discrimination -- discrimination by anyone OTHER THAN the government --  is completely legal under the Constitution, and in fact is protected under the First Amendment protections for speech, assembly, and religion..  The Constitution only prevents the government from engaging in discrimination.  

      The only time a non-governmental entity or group is prohibited from discrimination is if they are a place of public accommodation as specifically defined in the Civil Rights laws (restaurants, stores, etc.). That's a federal law, not the Constitution.  Private elementary and secondary schools are not covered.  You can have all-male private schools, for example -- there are many here in New Orleans -- that clearly, clearly discriminate against women by keeping them out.  Same for all-female schools.

      People legally can discriminate in private schools, the same way I legally can discriminate in my home (assuming it's not in a place of pubic accommodation).  I can have a block party, invite everybody in my neighborhood but the Asian family, put up big signs at my house saying, "Block party on Saturday at this house at 7!  Free food and drink!  Everybody is invited except the Asian family because I hate Asians!"  And that's perfectly legal -- and completely within my rights under the First Amendment (I'm NOT saying I approve of that kind of conduct).  And the government cannot penalize me tax wise, because I do that.  The Government cannot say, people who espouse these (good) views in their homes get a 50% break on their property taxes, or people who discriminate in their homes against Asians, or women, or LGBT, do not get such and such a tax break.  That would be a clear, clear First Amendment violation.

      In other words, yes, the First Amendment DOES protect discrimination.  The First Amendment protects abhorrent views just as much as views you like.  

      •  You're mostly wrong (3+ / 0-)
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        skrekk, Cassandra Waites, hnichols

        A private school cannot discriminate based on race.  In 1976, a private school was sued for not allowing african-americans to attend.  The private school took the case to the Supreme Ct. and lost - the Court ruled that 42 U.S.C.S. § 1981 had been violated.  1981 basically says that every person in the US should have the same right to make and enforce contracts as white persons.  By denying people this right, you are violating federal law.

        Bob Jones University didn't admit African-Americans for a long time until the Federal government took away their tax exempt charitable status.  Bob Jones University sued and lost -

        Three guesses for why Bob Jones University was allowed to discriminate against blacks for so long - 1. it was a post secondary school, and the rules are often different.  2. There were no black applicants willing to file suit.   3.  attorneys were worried about setting a bad precedent.  

        The point is that if you try to set up an all white private school, you are going to have a humungous fight on your hands and will most likely lose.  

      •  I would point to the association aspects (1+ / 0-)
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        of the Constitution as the courts have generally held that private clubs, so long as they are strictly private, are free to pick and choose with whom they associate.  For decades, restaurants were able to dodge federal discrimination laws by claiming to be private clubs.  I think the Buffalo Room many years ago in GA was the most egregious example where the owner lost his suit. (and shirt)

    •  You must not have been to the South much. Plenty (1+ / 0-)
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      yella dawg

      of all white schools...just not called "Whiteness Academy" ...but you have to go through an "in person interview process" .....and that promptly weeds out the "unqualified".

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