More than fair; I think I more meant the pool context than the university context.
Separately, this is an interesting parallel to racism. The Court correctly determined with respect to race that separate but equal is awful. In the religious context, for some faiths, can separation be what they prefer, even in places that are government-run? A religious idea that women in certain faiths get "equal protection" when they swim separately screams inconsistent with every case on the books (except *Korematsu*, sadly), but in the area of religious diversity, isn't the state to be admired for encouraging the expression of beliefs different than the consensus? The state couldn't impose that belief, to be sure, but isn't it to be admired for it? On Thu, Jun 2, 2016 at 9:08 PM, Volokh, Eugene <vol...@law.ucla.edu> wrote: > So that universities could give admission preferences to, > say, evangelical Christians, if they conclude that they are > underrepresented among students or on the faculty? To the more devout of > all faiths, if it thinks they are underrepresented? I think race-based > admissions preferences (the programs which are most often defended using > “racial diversity” arguments) are troublesome enough; religion-based > preferences strike me as even worse. > > > > Eugene > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Michael Worley > *Sent:* Thursday, June 02, 2016 6:01 PM > *To:* Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> > *Subject:* Re: thoughts on constitutionality of single-sex hours for > public pool? > > > > It is one thing to say religious minorities have no right to shape the law > so public facilities match their religious sentiments. It is another thing > to suggest that our constitution requires public facilities to not serve > religious minorities. > > Is not encouraging religious diversity a compelling interest, under the > equal protection clause, just like encouraging racial diversity is for law > schools? > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > -- Michael Worley J.D., Brigham Young University
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
