Friday, March 29, 2013

HEAD ON CONFRONTATION


What goes around, comes around.
 
Every action has an equal and opposite reaction.
 
Beware of what you do as some day it may come back to bite you in the ass.
 
All appropriate sayings for the confrontation that is fomenting on the Boston College campus.
 
Recall when Catholic institutions and employers came out against that provision of Obamacare that required employers to provide contraceptive coverage to their employees. There was an immediate religious uprising. First, the religious right. Then the Catholic Church itself. The argument presented was that to force these institutions to participate was a violation of religious freedom.
 
Obama acquiesced. Catholic institutions were let off the hook. The insurance companies were required to provide contraceptive coverage free to employees of such institutions.
 
Boston College is an old and revered institution. Jesuit. Which means very doctrinaire. By the book. Their book.
 
What soon occurred was the end of the free flow of contraceptives and birth control information on campus.An aftermath of the Obamacare issue. Students were unhappy. They believed and still believe that they have a right to items of birth control and birth control information.
 
Necessity is the mother of invention. The students decided to provide condoms,
contraceptives for males and females, and birth control information to the student body. An organization was formed. The Boston College Students For Sexual Health. Actually nothing more than some dormitory rooms providing contraceptives and information. The dormitory rooms so designated became known as Safe Sites.
 
Boston College has told the students to cease and desist. The students refuse.
 
Boston College has a non-discriminatory clause. However, the clause has a reservation. The reservation reads that Boston College reserves  its ".....lawful rights where appropriate to take actions designed to promote the Jesuit, Catholic principles."
 
There is a problem, however. Federal and state laws do not permit Catholic institutions to discriminate on the basis of a person's religion.
 
The students claim Boston College is practising religious discrimination against them. Additionally, the students claim that a woman's equality is infringed upon. Birth control costs money. Female students can get it free through the student program. The College's position would prevent this.
 
A referendum was held on the Boston College campus regarding the issue. Ninety per cent voted in favor of the student program. The College was not impressed and remains adamant to this day with a clear and loud No!
 
Boston College recently advised that if the student program does not end, disciplinary action will be taken.
 
The ACLU has entered into the fray on behalf off the students.
 
The lines of battle are drawn. Boston College's initial right of freedom of religion versus the students' right not to be religiously discriminated against. As well as a woman's right not to be sexually discriminated against.
 
A WOW! Major Constitutionally protected religious rights in direct contradiction.
 
I am not sure where this is all going. My sense is that students' rights are superior to Boston College's in this fight.
 
Boston College played the religious card initially to escape an Obamacare requirement. Now the religious card is being used against the College.
 
Amusing.
 
A legal war of major proportions has begun! 

No comments:

Post a Comment