W. Lee Hansen, emeritus professor of economics at the University of Wisconsin, asks a pointed question of university officials in his state that is relevant in other states, such as Virginia, that have passed amendments limiting marriage to one man and one woman.
What if in the last election both the affirmative action ban and the marriage definition amendment had been on the Wisconsin ballot? In opposing the redefinition of marriage, the regents would have found themselves arguing that people should not be denied equal rights because of their sexual preferences. In opposing the ban on affirmative action, they would have been defending unequal rights … preferences to minorities in hiring, admissions, and contracting.
There are also interesting permutations of this question. Do university officials, for example, who believe that academic freedom protects their right to discriminate on the basis of race also believe they have an academic freedom right to discriminate on the basis of sexual orientation, giving preferences to those in traditional marriages and relationships over those who are not?
To answer your question, I’m quite sure that they believe they have the right to discriminate on the basis of sexual orientation. However, the preference would be in favor of people involved in non-traditional marriages.
The officials would argue that people in non-traditional relationships add “diversity” to the campus.
“Do university officials, for example, who believe that academic freedom protects their right to discriminate on the basis of race also believe they have an academic freedom right to discriminate on the basis of sexual orientation, giving preferences to those in traditional marriages and relationships over those who are not?”
Be careful, here. The question is “Do universities believe they have the right to give preferences to gays?” The answer is, yes, they do believe they have that right.
Universities would no doubt claim they have a right to discriminate in favor of gays in order to provide “diversity,” but insofar as they claim their right to do this derives from their academic freedom they would also have a right to discriminate against gays if they thought that added something of sufficient value to the sort of education they want to provide.