Boston College students voted overwhelmingly last week to add sexual orientation to the school's nondiscrimination policy, but the school's administration says it will not act on the vote because the change would violate the Catholic principles of the institution.
Nearly half of the undergraduate body at BC voted, and about 84 percent of voters - 3,402 students - supported the referendum to amend the university's nondiscrimination policy "to include equal protection against discrimination for people of all sexual orientations." Only 651 students cast a vote against the proposal.
Nick Salter, a BC sophomore and co-sponsor of the referendum, told The Herald that the turnout was the highest of any student vote at BC.
BC's current policy, which covers employment, housing and education practices, including admission, prohibits discrimination based on "race, sex, age, national and ethnic origin, religion, disabilities, marital or parental status, veteran status or personal history."
The policy also reads, "in addition, in a manner faithful to the Jesuit, Catholic principles and values that sustain its mission and heritage, Boston College is in compliance with applicable state laws providing equal opportunity without regard to sexual orientation."
All but eight of the country's 28 Jesuit colleges and universities formally prohibit discrimination based on sexual orientation, according to the Heights, BC's student newspaper.
The referendum was non-binding and was designed only to reflect student opinion. BC officials say they do not plan on changing the policy.
"Unfortunately, it became a referendum on discrimination - which we all oppose - as opposed to a referendum on the rights of religiously-affiliated institutions to preserve their protection provided in state law," said Jack Dunn, director of public affairs at BC.
Though Massachusetts law requires sexual orientation to be included in nondiscrimination policies, Dunn said, it also provides an "exemption clause" for religious institutions such as BC.
"Chapter 151B of Massachusetts state law provides protection to all religiously-affiliated institutions that prevents them from taking actions in conflict with religious beliefs and values," Dunn said.
"As a religious institution, we feel that adding the words 'sexual orientation' to this list could have very negative consequences for the university as it tries to live out its Catholic commitment," he said.
According to the Heights, the addition of sexual orientation to BC's nondiscrimination policy would cause the university to relinquish the protection of the exemption clause, allowing lawsuits to be brought against it in civil court by gays claiming to have experienced discrimination.
Dunn said the university nonetheless "opposes discrimination and harassment in any form, including sexual orientation."
But many students who pushed for the referendum are not satisfied with the administration's response.
"People are very disappointed that the administration isn't considering what students and faculty have said. Their response has been to full-out reject our request," Salter said.
Luke Howe, a BC junior and president-elect of the undergraduate government, called the administration's response "quick" and "abrupt."
Though BC officials said the institution fully opposes discrimination based on sexual orientation, many students argue that the school's true commitment can only be shown by changing its official position.
"It's very symbolic to have those words included in the policy," Salter said.
But Dunn argues that the university's stance on discrimination is made clear by its actions.
"I would hope that people realize that Boston College is a most open and tolerant place and that our actions speak louder than words in a policy," he said.
Mike Yaksich, a BC senior and director of GLBT Issues for the undergraduate government, said he thinks the overwhelming support of the referendum will change BC's reputation as a place unwelcoming to gays - an image he said he has not found to be true.
"It was really uplifting to have what I've been saying all along be validated. ... I thought the referendum was a way for the student body to voice its opinion on the issue and show support for gays and lesbians on campus," he said.
Before the referendum made it onto the ballot, organizers collected over 2,100 student signatures and received endorsements from some 200 faculty members, Salter said.
Howe said he intends to look at how other Catholic institutions have included formal protection for gays without violating church teachings. Both Georgetown University and the University of Notre Dame include sexual orientation in their nondiscrimination policies, he said.
BC has topped headlines before for issues surrounding discrimination of gays. In April 2004, a search to fill an endowed professorship in English ended in controversy after the school's president refused to accept the top choice of the search committee - an openly gay man.
The search committee recommended Mark Doty, a nationally renowned poet, as its first choice. President William Leahy, who must approve of all appointments to endowed professorships, instead wanted to select a different member of the short list, Jonathon Schell. Because of the disagreement, the search was disbanded and the professorship remains vacant.
Members of the search committee suggested the possibility of discrimination after Leahy was unwilling to support Doty or Carl Phillips, another member of the short list who is also openly gay, if Schell turned down the offer.
"President Leahy's refusal to commit to making a second or third offer to either of our top two choices, combined with the lack of a convincing explanation, could not help but raise our concern that the president did not want an openly gay person to hold this endowed chair," members of the search committee wrote in an April 2004 letter to the Heights.
But Dunn said the allegations are "completely unfounded."
"Father Leahy chose Jonathon Schell because he thought he was a superior candidate who best met the needs of BC. To suggest that sexual orientation played a role is unfounded," he said.
Still, Salter said he thinks the situation "would have had a different outcome" had sexual orientation been included in the university's nondiscrimination policy. Many people charge the school with legally getting away with discrimination, he said.
Dunn said, "We hope that we have not reached a stage where decisions in hiring that happen to go against gay candidates automatically suggest discrimination. That is a disservice to all people."
