Harvard is a private college. The US Constitution protects their right to peacefully assemble (for the purpose of education, commerce and research) AS THEY PLEASE.
Since Harvard is not a state school, the 14th amendment does not apply. Further, it is not a “public accommodation” as it is not open to everyone.
You could argue that those receiving state grants, scholarships or loans could infer the attachment of the 14th amendment but that would first apply to the granting of such financial instruments.
In short, you have NO RIGHT to be treated equally outside of the government. You have no more “right” to be accepted to Harvard than you have the “right” to trespass on someone’s property.
I think the way this works is that Harvard accepts a lot of contracts from the Feds. Along with those contracts come clauses preventing discrimination in all things, great and small.
Harvard has a stark choice -- give up all government contracts or end discrimination. They are not going to give up the Federal sugar...
Explain Title IX and how all schools must abide.
“n short, you have NO RIGHT to be treated equally outside of the government. You have no more “right” to be accepted to Harvard than you have the “right” to trespass on someone’s property.”
Well, if you are Hillsdale College, maybe. Because it accepts no federal money and does not let its students get federal financial aid.
But if a school accepts federal money or participates in the student loan business, it has, by contract and statute, subjected itself to non-discrimination laws.
Harvard sucks up that money like a giant vacuum.
Federal case law has decided that if a university takes federal funds, federal rules about many things apply. Hence Title IX.
I personally am fine with letting private institutions be free to let whoever they want in. But the law currently says otherwise.