Religion & Law

I cannot speak with knowledge regarding the details of Marquette's process failure. However, if we assume that the search committee members, the provost, the president, and the trustees all met their duty of due care in the selection process, they were certainly aware of Professor O'Brien's work. Even so, they made her an offer to be the new dean. Presumably, these parties had to have found her acceptable for mission purposes in order to make the offer. Those who have problems with this substantive determination (including some MOJ contributors), noted objections after a only brief review of her CV. So, unless the decision-making parties were grossly negligent by failing to review O'Brien's work, it is most likely that some outside party (perhaps a donor or Church official) expressed disapproval and exerted pressure to rescind the contract.

My understanding is that this has had a chilling effect on Marquette's faculty, some of whom wonder when outside parties will next attempt to control the content of scholarship.

If this decision was based on Professor O'Brien's status as a lesbian, it would be a violation of Marquette's own non discrimination policy. In my opinion, it would also be unjustifiable on the basis of Catholic teaching.