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Conference turris::womannotes-v1

Title:ARCHIVE-- Topics of Interest to Women, Volume 1 --ARCHIVE
Notice:V1 is closed. TURRIS::WOMANNOTES-V5 is open.
Moderator:REGENT::BROOMHEAD
Created:Thu Jan 30 1986
Last Modified:Fri Jun 30 1995
Last Successful Update:Fri Jun 06 1997
Number of topics:873
Total number of notes:22329

683.0. "Another burning question for our times" by MORGAN::BARBER (Skyking Tactical Services) Wed Jan 27 1988 17:56

    There has been a fair amount of bantering around, different concepts
    of whats fair vs rights vs discrimination. All of this has posed
    another one of those burning social questions in my mind.
    
    When and how does an individuals or groups right to privacy infringe 
    into or constitute discrimination ?

                              
                                     Bob B
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683.1MEWVAX::AUGUSTINEWed Jan 27 1988 18:156
    subtle reminder:
    please read our new policy, note 1.5 before responding to this note.
    
    thank you
    liz augustine, comoderater
    
683.2PNEUMA::WILSONCan we still be fiends?Thu Jan 28 1988 08:3441
    >>> When and how does an individuals or groups right to privacy
    infringe into or constitute discrimination ?
    
    A tough question that may best be discussed by breaking the question
    up. I'm going to approach it too from the view of a court
    decision, since this question sounds like a question of rights
    enumerated (at least in the United States) in the Constitution.
    
    Case: If a plaintiff brought a discrimination case to a court and the
    defendant (say, an organization or a group) argued that it was not 
    discrimination but the group's right to privacy that was preventing 
    the defendant from joining in or partaking in the activities of the 
    group, I would _guess_ that the court would have to decide:
    
    	o	Whether the group's right to privacy should legally 
    		prevent the defendant from joining the
    		group.   
                                                            
    	o	Or whether the group is violating Civil Right's laws.
    
    In this case, the proverbial `scales of justice' are used to weigh
    an individual (or a group)'s right to be a member of an organization,
    against the group's right to privacy.
    
    This is just my guess on how a court would treat the issue.
    
    I don't have a copy of the amendments here, but I'm pretty sure
    that the Civil Rights Act of 1964 forbids a group to bar an
    individual from being a member on the basis of race, sex, or religion.
    
    If someone could list the particulars here, that would be helpful.
    
    Personally, I think one of the great things about the Constitution is 
    its insistence that individuals not be barred from taking part in the 
    activites of the _entire_ society. To be barred from a group is in a very
    real way to be denied a basic Constitutional right: the pursuit
    of happiness. 
    
    
    WW