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UJ to hear case against two minority positions
by Miranda Neubauer
Senior Writer
News | 4/21/09
Posted online at 8:16 AM EST on 4/21/09
The Union Judiciary has postponed the election for the senator for racial minority and the Finance Board representative for racial minority students after accepting a case from two students challenging the positions on the grounds that both positions are discriminatory toward students who do not identify as minorities.
The announcement came through an April 16 e-mail sent by Chief Justice of the UJ Rachel Graham Kagan '09 to campus publications.
The student petitioners, former Union Director of Community Development Ryan McElhaney '10 and Gideon Klionsky '11, suggested that the sections of the Union Constitution that deal specifically with the senator for racial minority and F-Board representative for racial minority are in conflict with a different section of the Union Constitution.
Article 2, sections 2 and 3 of the Union Constitution state the position of senator for racial minority students "shall be elected by a majority vote of all Union members who have declared themselves to the University as being racial minority students." Article 5, section 2 includes a similar statement about the position of F-Board member for racial minorities. McElhaney and Klionsky believe that these sections contradict Article 1, section 3 of the constitution, which states that the constitution "shall be enacted in accordance with all federal, state, and local laws, and University policies." According to the petitioners, the University policies and other laws prohibit racial discrimination.
The petitioners also say that the positions provide an unfair bias. "We don't have a senator for gay students, and a senator for Jewish students and a senator for students from New York," Klionsky said.
However, McElhaney wrote in an e-mail to the Justice that the focus of the case was on a constitutional issue rather than an "argument about the merits of the position, or students who have served in the position, or students that identify as racial minorities."
The announcement came through an April 16 e-mail sent by Chief Justice of the UJ Rachel Graham Kagan '09 to campus publications.
The student petitioners, former Union Director of Community Development Ryan McElhaney '10 and Gideon Klionsky '11, suggested that the sections of the Union Constitution that deal specifically with the senator for racial minority and F-Board representative for racial minority are in conflict with a different section of the Union Constitution.
Article 2, sections 2 and 3 of the Union Constitution state the position of senator for racial minority students "shall be elected by a majority vote of all Union members who have declared themselves to the University as being racial minority students." Article 5, section 2 includes a similar statement about the position of F-Board member for racial minorities. McElhaney and Klionsky believe that these sections contradict Article 1, section 3 of the constitution, which states that the constitution "shall be enacted in accordance with all federal, state, and local laws, and University policies." According to the petitioners, the University policies and other laws prohibit racial discrimination.
The petitioners also say that the positions provide an unfair bias. "We don't have a senator for gay students, and a senator for Jewish students and a senator for students from New York," Klionsky said.
However, McElhaney wrote in an e-mail to the Justice that the focus of the case was on a constitutional issue rather than an "argument about the merits of the position, or students who have served in the position, or students that identify as racial minorities."
Viewing Comments 1 - 1 of 1
Jamie Ansorge
posted 4/21/09 @ 3:34 PM EST
Dear Justice Readers, Justice Writers, and the Brandeis Community
It's interesting that, even after speaking with and quoting members of the petitioner's counsel, that the Justice did not think to contact the Counsel for the Student Union. (Continued…)
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