Prof. Promotes Religious Freedom

Religious associations should be allowed virtually unlimited freedom to discriminate in the choice of their members and officers, Columbia law professor Kent Greenawalt told a crowd of about 45 at the John F. Kennedy School of Government last night.

Greenawalt focused on drawing a distinction between the rights the government has to enforce its laws on religious groups and on non-religious associations.

The hour-long talk was sponsored by Harvard's Program in Ethics and the Professions, a fellowship program for professors in business, medicine, law and academia.

Greenawalt, who specializes in constitutional and criminal law, is one of a series of speakers the Program in Ethics and the Professions has brought to Harvard in an effort to raise the issue of ethics at the University.

In his speech, Greenawalt emphasized that "if the association lacks transcendental or spiritual aspirations." The has the right to enforce non-discrimination laws.

To demonstrate past examples of state enforcement, Greenawalt cited numerous Supreme court cases, including Roberts vs. United States J.C.s (Junior Chambers of Commerce).

In this case, the Minneapolis and St. Paul chapters of the Junior Chambers of Commerce began to admit women into these traditionally all-male associations.

When the national federation attempted to revoke the cities' charters, the case was brought to the Supreme Court.

The state however "lacks a compelling interest to intervene" when it comes to admitting members and electing officers of religious associations, Greenawalt said.

"Religious bodies should be free to shun and disclose [members]," Greenawalt added.

"Religious groups should have an absolute right to discriminate even when others deem their reason to do so flimsy," he said.

In a brief interview after the lecture, Greenawalt said that it is within the rights of a religious organization to choose its members and officers, even if outside observers do not agree with the religious doctrines behind the discrimination.

Greenawalt cited the Nation of Islam's exclusion of whites as an example. And he emphasized that the reasons for that exclusion are not "flimsy."

He concluded by saying that treating religious associations differently from other associations is often defensible under the Constitution, but may not be in all liberal democracies.

The audience was made up mostly of other professors and graduate students.

"He argues and analyzes extremely well," said first-year Harvard Law School student Kirsten Mayer. "One of the questions coming to the forefront is what role should religious associations play in society. I would like to see him take on that issue more explicitly.

He concluded by saying that treating religious associations differently from other associations is often defensible under the Constitution, but may not be in all liberal democracies.

The audience was made up mostly of other professors and graduate students.

"He argues and analyzes extremely well," said first-year Harvard Law School student Kirsten Mayer. "One of the questions coming to the forefront is what role should religious associations play in society. I would like to see him take on that issue more explicitly.