Catholic University Forced to Justify Same-Sex Dorms

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When Catholic University President John Garvey announced in June that the university would be reverting to same-sex dorms for on-campus students, he probably didn't expect much of a legal challenge.

Well, he got one.

Yesterday the university was forced to explain to the D.C. Office of Human Rights how the new policy doesn't violate the city's Human Rights Act, a claim made by public interest law professor John Banzhaf in a lawsuit. According to Banzhaf, who teaches at The George Washington University Law School, the District's statute prohibits discrimination unless it is a "business necessity" without which an institution could not function. He adds:

Unfortunately for [Garvey], he cannot rely upon religion, because the D.C. Court of Appeals has held -- in a case in which Georgetown University tried to justify discrimination based upon sexual orientation because of fundamental and strongly held Catholic teachings about homosexuality -- that religious motivations were irrelevant, and no defense, under the statute.

Moreover, in this situation, Garvey has said his decision to discriminate on the basis of sex was motivated by secular concerns rather than religious doctrine -- not surprising, because Catholic U, like Georgetown and many other Catholic universities, has had mixed-gender dorms for many years.

Additionally, Bazhaf argues, the university cannot segregate dorms based on gender any more than it could do so based on race or sexuality.

According to WTOP, lawyers for the university have opted to not comment while the case is in mediation.