Religion and college diversity | Opinion
303 Creative held that a web designer could refuse to create a website for a same-sex couple because of sincere religious opposition to same-sex marriage. Here, the weight on the web designer’s side of the scale overcame the weight on Colorado’s side . The web designer could associate with the customers of her choice, without state influence.
The juxtaposition of Students for Fair Admissions with 303 Creative suggests that colleges should consider how to incorporate religion into diversity programs going forward. That doesn’t mean returning Harvard College to its roots as a school for clergy, but as part of an integrated approach to achieving diversity, religion has a great deal to contribute. The Rev. Martin Luther King was a Baptist minister.
The integration of religion into diversity efforts is also important as a practical matter. For the Roberts court, religious liberty is clearly a heavy weight on the scale in this kind of case. 303 Creative was not its first case protecting religious liberty and will surely not be its last. The next wave of lawsuits about admissions will likely see challenges to nominally race-neutral admissions criteria, such as the “Top Ten Percent Rule” used by the University of Texas at Austin. The plaintiffs will argue that those facially neutral criteria have, in practice, an impermissibly disparate racial impact.The litigation of those cases will involve protracted battles between statistical experts.
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