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The freshman class that was shall -- Catholic University of America this fall we'll see a big change.
The return to single sex dorms.
See -- president John Garvey believes that -- help to promote Catholic values and prevent things like binge drinking and promiscuous sex.
But one critic says the new policy violates the rights of the student body and he plans to sue.
Joining us now George Washington university law professor -- -- half and father Jonathan -- -- Fox News contributor she and gentlemen welcome to -- you.
Art professor why do you have such.
An adverse reaction and I know this is it for you a legal standpoint.
The DC a lot to you you believe.
You're gonna have possibly sue the president of Catholic university because same sex storms discriminate house up.
Well Shannon is somebody is one over hundred sex discrimination cases let me tell you the active strictest warning in the country.
It says that you cannot discriminate on the basis of sex unless it is absolutely necessary.
And it certainly isn't absolutely necessary can't cram all of your students.
Into sex segregated dorms Catholic hasn't done it for 25 years know what the university does now interestingly you -- -- Catholic values.
If you look closely at president -- statement he doesn't claim many Catholic values he's doing it for secular reasons and by the way.
Even if he were doing it for religious reasons.
The courts have said.
Human rights trumps religion Georgetown University who was ordered not to discriminate on the basis of sexual preference even when it was acting against homosexuals.
Which is part of its basic Catholic.
Tenants I don't know of any basic Catholic tenants.
Which require students to live in single -- -- We'll father mean to -- this does sound like it has moral connotation you're talking about prevention binge drinking and sex outside of marriage which is clearly at Catholic Tenet.
Sure you know I think we need to put this to a bigger.
Context what Catholic university is doing and so several Catholic institutions.
They're going back and looking -- seeing what is happened since the 1960s.
And seventies in which.
And many Catholic universities the whole religious.
Element to be the strong Catholic identity of the universe -- was thrown out and said you want to be secular we're -- -- like everybody else.
Not only the president current president president and -- but also feet past president.
David O'Connell father David O'Connell that they've done an excellent job and saying who are -- In what are we have to do in order to become what we say we want to beat and what they've said is it's not only about teaching the faith.
If not only about being an excellent academic institution.
But spoke trading a -- -- in which our students become mature smart properly formed Catholics.
Shannon that's all -- and everything each happy right now you nothing to do with the law.
The fact that for that Catholic has twice refused.
To send somebody over to defend its legal position says I think very strongly that it doesn't have any.
And in any event father if you look at the biggest study which has ever been done of this very issue which was done by a Catholic institute.
It says that having sex segregated dorms probably doesn't work yet it's only act.
Anecdotal and they say if the Catholic universities would imitate the ecclesiastical universities you know whatever it is they are doing they would probably have.
Lowering your good passer than he really had a professor here I know the reading of the lot -- know what it's as a got a copy in front of -- and it says it's unlawful to discriminate.
In wholly or in part for discriminatory.
I know DC's laws very tough and you've been very successful here.
But why go after Catholic university you can.
Because I've been fighting sex discrimination.
All of my professional life.
I think along with DC.
It is wrong and the fact that people can offer justifications.
Doesn't excuse it don't do -- road to hell is paved with good intentions.
So -- the road to sex discrimination every section.
Discrimination case I've ever had it's not that somebody's that I hate women are misogynist you they -- -- very good reasons.
Virtuous reasons for doing it and the court said those are irrelevant OK not gonna let.
-- because -- -- what university are -- -- response has already has a very very big responsibly tipped to give to parents.
Who are paying for this university to students were paying for the university with -- promising and that is a Catholic.
Education and its fullest why haven't nor does normally I went over our resident -- -- -- -- cash out.
I haven't why I had about her -- her -- professor allow me to finish your first second -- -- this is another there's a principal also of self determination.
Any private school it Jewish school saying that we are going to make sure that everybody for example wears a young market that's what they're tradition is.
We have to respect the right of institutions to -- find themselves to provide exactly what they say they provide.
This is a bigger -- -- a bigger question and think I'm Catholic university stands up -- to see -- university not just Catholic university's stand up for what they believe in and give to us as a country that diversity.
That we want to find in religious institute.
I can't just got -- -- -- 125 years on a large -- happens only with air and it's legally -- you relevant it's on a limb.
You're gonna lose.
Down menus and and that we finally the unit the university has sent us a statement saying they feel confident that legally they're gonna win this that we know let's not -- still -- we will check back and we will follow it as it plays out.
Thank you both very much and you.
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