Harvard’s Sanctions of Single-Gender Groups Loses Round One

Harvard is scheduled to begin sanctioning single-gender final clubs and Greek organizations from holding campus leadership positions, varsity team athletic captaincies and from receiving College endorsement for prestigious fellowships, beginning with the class of 2021. In response, a coalition of sororities, fraternities, and students sued Harvard in both federal and Massachusetts state court. The federal suit alleges that the policy violates Title IX and the Constitution by promoting sex-based discrimination. The state complaint claims that the sanctions violate the state’s constitution and Civil Rights Act by “interfering with their freedom of association” and “discriminating against their members on the basis of sex.” Harvard’s motion to dismiss the state lawsuit argued that the plaintiffs acted outside the confines of Massachusetts Civil Rights Act by bringing claims on behalf of their members. On January 9 a state judge denied Harvard’s motion to dismiss. A lawyer representing the plaintiffs, said that she believes the court’s decision reveals the discriminatory nature of the sanctions. A Harvard spokesperson responds that the University remains hopeful despite the judge’s ruling.