3 ms·
Of course it's constitutional, Harvard is a private organization and basically none of the constitution applies to them. The question was whether it violates fe
by ikeboy 7y ago
Of course it's constitutional, Harvard is a private organization and basically none of the constitution applies to them. The question was whether it violates federal law - specifically Title VI.
The confusing part is that Title VI prohibits actions by private entities receiving government funding that would violate the constitution, were they carried out by a state entity. The opinion uses "constitutional" as a short-hand for "is in compliance with Title VI, which means it would be fine for a public college to do it as well under the constitution".
- underpand 7y agoI always thought that it was illegal for private organizations to racially discriminate. I know it is illegal for them to racially discriminate for employment. Is discriminating against customers/users (students in this case) fair game?
- ikeboy 7y agoIt's illegal in many contexts under federal law if the business is a "public accommodation". It's not unconstitutional. It may be against state laws in other contexts as well. Note the title here and at NPR originally said that the Judge said it was constitutional.