Re: An idea for an amendment

Seth David Schoen (schoen@uclink4.Berkeley.EDU)
2 Feb 1998 07:15:38 GMT 

George Lee writes:

>> I am thinking of proposing this amendment to the Cal Libertarians
>Constitution.
>> What do you all think?  (I'm not sure about the "discrimination" part,
>given
>> that we are seeking recognition by a government body which should itself
>be
>> forbidden to discriminate.  I'm sure about the hazing part.)
>> 
>> Article III, section 3, is amended by the addition of the following
>paragraph:
>> 
>> As libertarians, we deplore coersion and discrimination.  We also deplore
>> efforts by government bodies to dictate the internal affairs of voluntary
>> organizations by coercively forbidding them to haze or to discriminate
>> irrationally.  Where hazing is voluntary, we declare that as a consensual
>> activity it should not be prohibited by governments; where involuntary,
>it is
>> superfluous to note that it should be forbidden.
>
>Sounds good, but is that legal?

According to the ASUC:

"The following statements are required:

... Members of the above named organization shall be chosen and accepted
without discrimination on the basis of ... Members of the above named
organization will not at any time engage in hazing as defined by the
California Administrative Code." (_Activity Group Handbook_, pp. 5-6)

It doesn't say that additional statements, for example, those deploring
this requirement, are forbidden.

My amendment wouldn't replace our statements by criticism of the requirement;
it would add criticism to indicate our displeasure with being told what
voluntary activities not to engage in.  "We won't haze and we don't even
want to, but we think we should be allowed to."

I think that is legal.  You don't have to agree with the law; you just have
to follow it, or so the conventional wisdom says.

Interestingly, this means that the ASUC would permit Cal Libertarians to
exclude socialists by requiring signatures of the "Non-Initiation of Force"
clause in the LP membership form, while the Union of Jewish Graduate
students wouldn't be permitted to exclude Christians, and WICSE isn't
permitted to exclude men.  Oh, and the Fellowship in Christ at Berkeley,
which is funded, isn't permitted to exclude atheists; the comment on their
web page that they consist of "students who desire to give glory to our Lord
Jesus Christ through the worship of His name, preaching and teaching of His
Word, and fellowship in His body" must just be co-incidence, and not a
matter of official policy. :-)

-- 
   Seth David Schoen L&S '01 (undeclared) / schoen@uclink4.berkeley.edu
Magna dis immortalibus habenda est atque huic ipsi Iovi Statori, antiquissimo
custodi huius urbis, gratia, quod hanc tam taetram, tam horribilem tamque
infestam rei publicae pestem totiens iam effugimus.  -- Cicero, in Catilinam I