Opening Statement-Ellen Wahl -Reply

Mon, 20 Apr 1998 16:24:23 -0500

For each of the panel members, I have an observation which may help
us along a bit. While this discussion has, for the most part, focused on
the law and what it permits, I find that somewhat trivial. Not that I mean
unimportant, but more, that the legal issue clouds the drive behind Title IX.
Many things are legal that are not to the benefit of society. Rather, some
of these things exist siomply because we live in a relatively free society-
at least in comparison to many other societies. Hence, our long
discussion (somewhat heated at times) about the difference between
discrimination and boas in a legal sense. I posit to you that separate is
not equal. After all, "Some of us are more equal than others...."
Because it is legal to separate, should we do it? To me, that is the crux
of our question. I actually look at the drive to provide "extra" or
"heightened" programming to redress past wrongs (read affirmative
action) as the ultimate clash of the ethic of care and the ethic of justice.
While the separatists among us make a case from the ethic of care, so
do those from the ethic of justice. I actually stand in both camps- much
to my terrific discomfort. I've experienced both kinds of education- single
and co-ed schooling. I see both as valid- depending on the needs of the
student(s) AND the overarching compelling state interest to divide us. I
do know that to divide us is to lessen all of our power. Let's talk.....

Peggy Weeks <>

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