My understanding of the current job ad policy is this: AALL member libraries'
that stand on their legal rights to discriminate on the basis of religion
and sexual orientation - in defiance of AALL's non-discrimination statement -
are permitted to advertise in the AALL Newsletter under a separate heading
delineating their discriminatory policies.
In my view, that policy should be applied to job ads on the law-lib list. A
clear statement of discriminatory hiring practices should appear at the
beginning of the ad, in the spirit of full disclosure.
Speaking of full disclosure, I find Rich Leiter's statement that Regent
doesn't discriminate on the basis of sexual orientation disingenguous at
best, and actively misleading at worst. If the argument about lesbian
and gay members of the military hasn't cleared up the distinction between
status (being gay) and behavior (sexual behavior) - and apparently it
hasn't - what will? Mr. Leiter's statement about 'un-biblical acts"
Mr. Leiter's statement about campus discomfort with "un-biblical acts" is
problematic in two ways. First, it obliviates any possible distinction
between status and behavior. Second, it smacks of sixties-style
segregationist rhetoric, as in "this lunch counter doesn't discriminate
against black people, we just think they wouldn't be very comfortable
here."
I believe that Regent gets a "two-fer" by standing on their rights to
discriminate on the basis of religion: that by so doing, they also get
to discriminate on the basis of sexual orientation, which of course is
legal but nonetheless reprehensible. Mr. Leiter does not agree.
How would the hiring committee at Regent respond if a devoutly Christian
lesbian applied for the current position? People at Regent may not ask
questions about sexual orientation, but suppose the applicant's resume
stated that she had been a co-chair of AALL's Standing Committee on
Lesbian and Gay Issues. Or that she came for an interview and asked about
domestic partner benefits for her long-time partner.
All other things being equal, would she get the job? Inquiring minds
want to know.
Yours in the spirit of full disclosure,
Ruth Parlin
Former Co-chair, AALL Standing Committee on Lesbian and Gay Issues
University of Miami
P.O. Box 248087
Coral Gables, FL 33124
305/284-3585
rparlin@umiami.ir.miami.edu
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