Derrick Sherman

Commentary Issues of Gay rights

EDLD 8431-01F
November 9, 2014

Issues involving gay rights are very common in higher education, in a recent article I
found that an institution has lost some support due to the its president signing a petition siding
against the lesbian/gay community. Dr Michael Lindsay, President of Gordon College, a small
evangelical school in Massachusetts, signed a petition that would allow for discrimination of
employees or students on the basis of their sexual orientation. Dr Lindsay was saddened by the
sudden backlash he and his institution endured as relationships with nearby towns were severed,
grants were discontinued, and some alumni chose to speak out on the ban of homosexual
practice that exists in the schools code of conduct.
Although, Gordon College is a private Christian school, the concept of equal rights is
changing in favor of gay rights. Dr Lindsay states that he acted on his own morals when he
decided to sign the petition, and his views do not reflect that of the institution as a whole. Gordon
College has gay employees, although they are required to be celibate as a stipulation to keep
their positions. This policy is being challenged by many who have been against the
discrimination of gays for a while and have decided that it is time to take a stand. Individuals and
organizations at the institution have every right to be upset and can legally take steps in order to
have the homosexual practice ban removed from the institutions code of conduct. A group of
lawyers have contacted Dr Lindsay in hopes of representing him, and the university, on the basis
that the partnerships were broken down as a result of Dr Lindsay exercising his First Amendment
right of free speech. Although Lindsay has opted to not go down that road, it is interesting to take
a look into the issues at hand and determine if it is unconstitutional to break an agreement due to
one party exercising its right to free speech.

There have been many cases involving gay rights, many of them extending over a wide
range of issues. I will take a look into a few different cases that have been held here in the United
States and attempt to figure out where we stand as a nation on these issues.
In 1976, Texas A&M refused to recognize the Gay Student Services Organization, citing
that homosexuality was illegal in the state of Texas. Students began to sue the university,
bringing about a six year case that we refer to as Gay Student Services v. Texas A&M University,
which made it to the Fifth U.S. Circuit Court of Appeals. After a strong fight, the court ultimately
ruled in favor of the Gay Student Services Organization stating that it is a violation of the First
Amendment to deny a group official recognition on campus. This ruling came despite trial courts
ruling in favor of Texas A&M University for nearly six years. The ruling in this case was
groundbreaking because it removed all legal restrictions against gay rights groups on all public
college campuses.
In more recent years, institutions such as Notre Dame and Pepperdine have gone against
students wishes to create organizations that are pro-gay. The denials came on the grounds that it
is a conflict of interest between the groups and the Catholic teaching of the universities. This is
considered legal and constitutional without this particular issue making it to the courts. Because
these institutions are private, they are able to hold different standards for their institutions and be
able to get away with it. This surprises me because the direction our society is heading would
usually find a way to combat the rejection of this controversial issue which has been occurring
since at least 2007. Its a wonder that there havent been millions of people outside in South
Bend, Indiana, trying to keep students from attending the institution. I believe this is due to the
prestige of the university and its ability to be very strict with their selection process. Gordon
College, on the other hand, does not have that same ability. I am sure that Notre Dame lost some

sponsors and potential revenue from their stance on gay organizations, but not enough to affect
them the way that it has affected Gordon College.
There are a large number of issues involving gay rights and higher education, and I
believe that all of them are different. There are many different factors in each of the different
cases that alter the decisions that are made. Beginning with a particular institutions affiliations
and if the issue at hand would promote a conflict between two messages in deciding to make
their initial stance on some of these issues. Also, a lot has to do with the support each party has
whenever it comes to issues of this sort. In the case of Gay Student Services v. Texas A&M
University, the student organizations needed more support as they worked for over six years to
get the courts to rule in their favor. On the other hand, Gordon Colleges current issues seem to
be a lot more one-sided in favor of change and the recognition of differences. This is why I
believe that Dr Michael Lindsay has decided not to pursue any legal actions. However, I also
believe that Dr Lindsay and the institution will have a good stance if they decided to take those
whom they were in partnership with to court for breached contracts.
In July of 2014, Dr Michael Lindsay, president of a private college, exercised his right of
free speech by signing a petition that would give his institution, and institutions like his, the
ability to hire and accept employees on the basis of their sexual preference even though it has
already been established that the institution accepts gay students and hires gay employees. This is
all confusing even then because they adhere to the ban of homosexual practice that is stated in
the code of conduct. His views, although they affected his institution, were not the views of the
institution and should not be used to punish the college. Therefore, it is unconstitutional to take
away grants and funding because of the exercise of free speech. Dr Lindsays signature did
nothing more than Notre Dame and Pepperdine with their denial of gay organizations on their

campuses, in fact his actions were less harsh. If he were to take the attorneys up on their offer, I
believe that he would have a great chance of receiving a favorable ruling. Deciding against
taking those partners to court is just more evidence of where our society is headed with these
issues. In 1976, it took millions of people, and dollars, (and in some cases a literal act of
congress) in order to get rights for the gay community. Today, many people and organizations
would like to stay away from those issues in court, and as a whole, which makes for a society
that not only accepts differences, but promotes it as well.

References
Eastman, M. (2010, April 23). Gay Student Services vs. Texas A&M University: The
Story of the Students Behind the Fight. Retrieved November 7, 2014.
Windmeyer, S. (2012, January 26). A Case of Denial: Pepperdine and Notre Dame Say
'No' to LGBT Students. Retrieved November 8, 2014.
Zoll, R. (2014, November 8). Gay-rights stand at evangelical college causes uproar.
Retrieved November 8, 2014.