Sunday, October 30, 2011
Muslim Students Face Hardship at Catholic University
John Banzhaf, an attorney and professor at the George Washington University Law School filed a complaint against the Catholic University of America (CUA) for violating the human rights of Muslim students. In a 60-page complaint against the private university, Banzhaf charged that the CUA infringes on Muslim students’ rights by not allowing them to form a Muslim student group and by not providing them rooms without Christian symbols for their daily prayers. This investigation contends that Muslim students must perform their prayers surrounded by symbols of Catholicism – a wooden crucifix, paintings of Jesus, pictures of priests, etc.
This case is important in evaluating the complex relationship between the establishment as well as the free exercise clause and the operation of private organizations, specifically a university. The first issue to examine is whether the Muslim students have a right to charter their own student organization. If the court were to remain consistent with it’s ruling in Westside Community School vs Mergens (1990), then the court would mandate that the CUA should allow the formation of the student organization. Because the school allows other religious groups (not just Catholics) to meet, then it should allow Muslim student unions as well. The university cannot set different standards for different groups of people. The issue would be one of neutrality rather than endorsement; if the university refused to let a Muslim religious group use facilities open to others, then it would demonstrate hostility toward one specific religion. Furthermore, just as in Westside, University students are mature and are far less impressionable than elementary school students, and can therefore decide what student religious organizations they would like to participate in.
The second issue at stake is whether or not the fact that the Muslim students are compelled to perform their prayers surrounded by Catholic symbols violates their free exercise of religion. If I were conducting this investigation, I would explore whether there are even rooms on the CUA campus that are devoid of religious icons. Although this question is not addressed in any article I have read on this controversy, in a 2010 interview with National Public Radio, university president John Garvey acknowledged that they don’t set aside prayer rooms for Muslim students. Instead, the CUA makes chapels and classrooms available so the Muslim students can pray. In terms of this issue, I think it is important to recognize that the CUA is a private, Catholic university. Students who apply to this university are aware of both of these characteristics. Therefore, I think the university has done a fair job in accommodating Muslim prayer by opening up classrooms and chapels to these students. If the University were to designate specific rooms for only Muslim students, I would see that as an endorsement of a particular faith. Thereafter, the CUA would also have to designate specific rooms so that other religious groups could congregate, in order to give all religious organizations equal access. It is also important to recognize that as a Catholic university, the school maintains a right to operate according to Catholic practices- which may include hanging wooden crucifixes or pictures of Jesus. Consequently, if these Muslim students feel uncomfortable with these religious symbols, they should have made a different choice when applying to schools. Therefore, I believe on a basic level that praying in rooms filled with Catholic symbols does not violate their free exercise of religion. Perhaps only opening a limited number of rooms is done as a security measure. Thus, opening up a few rooms, does not place a significant burden on these students.
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