Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Tuesday, February 20, 2007

Can we get an apology here?

Today's NY TImes contains an update on Matthew LaClair. For those who don't know who he is, he's (at the time of this writing) a high school student who earlier this year caused a surprising amount of controversy by, well, conclusively demonstrating that his world history teacher was behaving entirely inappropriately for a public high school teacher. Matthew's tape recordings involve such things as the teacher -- remember, he's a history teacher -- telling students during class that if they don't believe that Jesus died for their sins that they deserve to go to Hell, that there were dinosaurs on Noah's ark, evolution has no scientific basis, etc. There's been a strong backlash against him in his community; several have said that he was provoking these points, that he's just seeking attention, that it was wrong to tape these lectures without approval, even that these statements were no big deal.

So far, the school's response which has been publicly known has been...to ban taping classes without instructor approval. We must take their word for it that there was some sort of discussion with the teacher to prevent him from doing this again, as it falls under the umbrella of "personnel matter".

Well, today's update is that his family has filed a torts claim notice, which is the first step to filing a lawsuit in New Jersey. The family says they're seeking a public apology and a correction of some of the statements made in class.

This strikes me as a strange thing to sue over. I do feel the school's actions are inappropriate. And though without knowing the situation in detail, I have a hard time coming up with any context in which these statements could be reasonably made in a public school history class. If this behavior was still going on, and he was suing to stop it, I'd find that laudable. But suing for an apology still strikes me as a bit wrong. Our courts are overbooked as it is dealing with matters of people breaking the law. Dealing with people's feelings being hurt in ways that aren't slander or libel strikes me as too much to add.

Friday, February 2, 2007

The state of equality

The latest news from the culture wars isn't a good one for either equality or freedom, really. Today, the Michigan State Court of Appeals ruled 3-0 that public universities and governmental agencies may not provide domestic partnership benefits to their employees, in response to the 2004 MI state constitutional amendment that defines marriage as a union between one man and one woman and outlaws recognition of any "similar union for any purpose".

Now, I must admit that I'm unhappy with that amendment. I think it's wrong and contrary to common sense and the real spirit of equality. I do, however, at least respect those who felt strongly enough about it to amend the state constitution, rather than trying to pass a law stating that certain laws aren't subject to the constitution. Process does matter to me.

However, this is taking things to an extreme version. Note that the ruling is that public organizations aren't allowed to offer such benefits, not that they aren't required to do so. Further, as is quoted from the article:
Ingham County Circuit Judge Joyce Draganchuk previously had ruled that criteria established by employers to qualify for same-sex benefits don't recognize a "union" because Michigan doesn't allow civil unions.

"Employer-defined criteria for the receipt of health care benefits cannot create a union where one does not exist," Draganchuk said.


In any event, this is going to cause some problems down the road for the large public universities in Michigan. Academia in general is a relatively liberal environment, and many institutions advertise their domestic partnership benefits accordingly. I know that, for example, my health insurance would be extendable to a domestic partner I registered with the university. Or, at least, it would have been prior to this ruling (and, of course, if I had a domestic partner, which I don't).

For the moment, let's leave aside the issue of how preventing homosexual unions in any way protects straight marriage. This is just a bad idea. Institutions of higher education are being prohibited from offering benefits they have already been offering to entice the students and faculty members they're seeking. For a state trying to transition from a manufacturing economy and in which the universities best known across the country are public ones, this is an idiotic move. There will be savings in the short term, as less money will be spent on offering health care. But the costs, should this ruling stand, will add up massively over the long-haul as the universities slip in their prestige.