Found a
great article this morning by Dahlia Lithwick off my Slate feed. In a nutshell, two entities – the Christian Legal Society (a student group at U.C. Hastings) and U.C. Hastings are currently before the
SCOTUS arguing respectively for the right to free association, and the right to deny funds and other benefits to a student organization the university feels is discriminatory.
What I find most interesting about the case is not the wrangling of the heavy and difficult constitutional questions found in the arguments (those are, though, very interesting in and of themselves - plus, there's just so much subtext in this case...). No, what’s of primary interest to me, I think, is the idea that the two parties butting heads here couldn’t come together on this issue without consulting the high courts. Lithwick writes:
It's clear from today's argument that exposure to radically different viewpoints doesn't always result in greater mutual understanding. Watching the court work today, it seems maybe forced exposure to people unlike us promotes even more fear and resentment.
To me, this sounds precisely like the larger problems we’re facing at the moment. We’re in the process of dividing ourselves into ideological groups. We can see the other groups; we hear what their saying, but we only become more incensed with the opposing message. Ultimately, the fear and anger generated by this standoff would seem to preclude any hope of coming to a compromise. And that’s when things really get frightening…