This may be wrong, but it’s a concept I haven’t yet seen expressed. My apologies if I simply missed it elsewhere in the comments. While I’m no fan of the ivory tower, I’m going to assume that people at Harvard are at least as capable as we bloggers/commenters of seeing the discrimination issues inherent in their decision. Further, as many commenters have pointed out, two doctrines are now running headlong against one another: the need for equality and the need to help minorities. So how about this . . .
Harvard knows its policy is wrong, and it knows it’s going to be sued over this. It also knows it’s going to lose when it does. However, by denying the women’s request immediately it would look bad to (1) its princely benefactor of $20M, and (2) the political correctness constituency generally. Both of those are bad for Harvard’s reputation (at least with respect to its typical constituents).
Yet, Harvard curries much favor with its constituents by approving the women’s request. And, since it knows it’s going to be sued soon, lose soon, and have an injunction slapped on it soon, it also knows that its men will soon be allowed right back into the gym. Difference being, now Harvard has the ability to say “well, at least we tried to do the right thing; the court disagreed though so what are we to do; sorry.”
End result: (1) men are mildly and temporarily inconvenienced, but ultimately not likely to make a continued big deal out of it; (2) women are happy that Harvard gave a good effort; and (3) Harvard still appeals to its blue-blood, politically correct constituents. I’m not typically a conspiracy theorist, but this makes a bit too much sense here to be immediately dismissed.
