If it doesn't suit you, just sue
By David Oppenheim
America has proficiently assigned names to generations of its citizens: the
World War II generation, followed by the Baby Boomers and Generation X. One
proposal for our generation has been the "Me" generation. To see why, one must
look no further than Yale's current hot issue: the lawsuit brought by the Yale
Four.
These days the American maxim appears to be, "If you can't beat 'em, sue 'em."
Yet people complain that there are too many lawyers in this country. I've got
news: where there is demand, supply will soon follow. McDonald's lost a suit
over a woman who spilled coffee on herself while driving. MTV was sued, and
also lost, after a kid left at home alone burned down his family's mobile home
after hearing a character on a MTV show say, "Fire is cool." The number of
successful lawsuits that by any rational standard should be considered
ridiculous is alarmingly high. (Insert your own joke about jury members being
people too dumb to get out of jury duty here.)
So it must be with the formerly five, now four, Orthodox Jewish freshmen and
their attorney. (One apparently found her own loophole: marriage.) It comes
down to a belief that Yale is constitutionally bound to change their policy, or
at least make an exception in this case, because of religious objections to an
institutional rule.
Sounds like good logic. Except for one small fact. These rules and this system
have largely been in place before these students were born. Not only are these
policies made known to prospective students, they are a major selling point.
The residential college system was influential in my decision to attend Yale.
Surely, these students had prior knowledge of the system and the problems it
might cause for them.
What's that, you say? The residential college system and the underclass
on-campus housing requirement are unlawfully discriminatory because they
exclude such religious groups? No, they're not. Such rules merely force
students to choose which is more important: attending a particular private
university or keeping faith with the student's religious convictions as he or
she understands them. This last point is especially relevant when considering
why there hasn't been a major controversy over the religious issue until now.
All of which brings me to my initial point: Americans fail to recognize that
one cannot have his or her cake and eat it too. If things aren't totally to our
personal satisfaction, we tend to whine, complain, threaten, and sue until
everything in our world is exactly as we want it. "Compromise" is as foreign a
word as "souvlaki." We tolerate only those conditions that are premium for
ourselves or our particular interest group.
As a result, we have become a nation (and a campus) divided. Members of each
group communicate among themselves and fight with others for conditions ideally
suited to their group. The Yale Four are currently the most visible
illustration of this phenomenon. Yes, I respect religious convictions. Yes, I
wish Yale could find a compromise solution to accomodate these particular
students; the function of a university is to try to provide students with the
best possible environment in which to work, learn, and grow. That university,
however, must provide the best environment for all students, which often
means not making exceptions for the few. To do so sets a precedent which both
invites future demands for exceptions and signifies yet another surrender of an
institution to interest groups. By standing firm, Yale is sending the message
that it will not make changes to benefit the few at the expense of the
many--even if Alan Dershowitz comes knocking at the door.
David Oppenheim is a junior in Davenport College.
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