Schadenfreude Wrote:Can anyone here cite a Supreme Court decision that suggests the Harvey Milk school is unconstitutional.
All you people have been doing is asserting that its unconstitutional. I've explained why it is. Participation is voluntary and there are no church-state issues.
If you are so convinced it will be unconstitutional, cite a case.
Hmmmm, let's research the documents.
Civil Rights Act of '64:
To be honest, and you are NOT going to like what I have to say at the end, I could find nothing about this type of discrimination in neither the US Constitution, nor the NY Constitution. Also, the Civil Rights Act of '64 only addresses discrimination, where sex and/or gender is concerned, in its decision on employment.(Title VII)
With that said, the Citadel was well within their rights to keep women from attending their school. As far as education and public facilities is concerned, the only characteristics that it addresses is race, color, religion, or national origin. Title III, Sec. 301-A.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
US Constitution:
Now, as far as the US Constitution, I also found nothing about discrimination towards straight people(Yes, that's a jab), or the segregation of sexes.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NY Constitution:
ARTICLE 1, Sec.11.
No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.
Hmmm, ok.
Ahh, but what about this? Isn't it open to interpretation? I am sure the NY Supremes can make this a little more ambiguous.
ARTICLE XI----Education
Section 1. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Works Cited:
<a href='http://usinfo.state.gov/usa/infousa/laws/majorlaw/civilr19.htm' target='_blank'>Civil Right's Act of 1964</a>
<a href='http://assembly.state.ny.us/leg/?co=0' target='_blank'>New York Constitution</a>
<a href='http://www.house.gov/Constitution/Amend.html' target='_blank'>US Amendments</a>
.....but can something be found here:
<a href='http://www.house.gov/Constitution/Constitution.html' target='_blank'>US Constitution---->Check Article One(Legislative Powers)</a>
as to HOW the Legislature can allocate funds and for what reasons? It may not be anything about discrimination, but purely an issue of Congress' enumerated and implied powers. They MAY not be able to do this, however, if it's not expressly written and addressed in the US Constitution, then it is a right left to the state. With that said, it's not my concern.
.....but you do realize, if this issue hasn't been addressed, all-male schools, etc., are in fact, legal.