THE INDEPENDENT
TO UNCOVER
NEWSPAPER SERVING
THE TRUTH
NOTRE DAME, SAINT MARY’S
AND REPORT
AND HOLY CROSS
IT ACCURATELY
VOLUME 58, ISSUE 36 | WEDNESDAY, NOVEMBER 29, 2023 | NDSMCOBSERVER.COM
Bishop seeks change in admissions policy Bishop Kevin C. Rhoades urged Saint Mary’s to ‘correct’ their recent transgender admissions policy Observer Staff Report
Bishop Kev in C. Rhoades, who presides over t he diocese of Fort Way ne-Sout h Bend, denounced Saint Mar y’s new admissions policy to consider applicants “who consistent ly live and identif y as women” beginning in fa ll 2024. In a Monday statement, Rhoades urged t he Board of Trustees to correct its admissions policy t hat “departs from f undamenta l Cat holic teaching on t he nature of woman.” He a lso said he was not aware of t he decision to consider transgender applicants until last week’s email
MEGHAN LANGE | The Observer
The Saint Mary’s Board of Trustees recently revised their admissions policy to permit consideration for transgender applicants starting fall 2024. The decision has since generated a great degree of controversy.
SMC welcomes new history professor
Assistant Managing Editor
ADRIAN ZHENG | The Observer
By ADRIAN ZHENG News Writer
UniversityPresidentFr.JohnJenkins and students from the Philanthropy and the Common Good course, led by professor Jonathan Hannah, gathered at McKenna Hall on Tuesday evening to present a total of $59,000 in grants to various South Bend and Michiana nonprofit organizations. The course, sponsored by The Philanthropy Lab,
teaches students about the impact of philanthropy in society. The course, set for its sixth offering in the fall of 2024, allows students to be directly involved in local nonprofit activities. Each student must conduct one site visit to a local nonprofit and volunteer once during the semester, Hannah said. Afterwards, the students receive funding proposals and see PHILANTHROPY PAGE 4
see BISHOP PAGE 3
Kay v. Irish Rover nears as Rover argues free speech By GABRIELLE BEECHERT
Members of Notre Dame’s Philanthropy and Common Good course pose with Fr. Jenkins and checks depicting grants to local non-profits.
announcement from College President Katie Conboy. “It is disappointing t hat I, as bishop of t he diocese in which Saint Mar y’s College is located, was not included or consulted on a matter of important Cat holic teaching,” Rhoades w rote. In Conboy’s email last Tuesday, t he College president said she consulted w it h t he Executive Team and ot hers at t he College when updating t he policy to “ensure t hat our message is not only in line w it h best practices for today’s college students, but t hat it a lso encompasses
New legal documents filed by sociology and global affairs professor Tamara Kay purport that Irish Rover reporting was part of a “concerted effort” to get her fired. The Rover’s response says the argument is not relevant to its motion to dismiss the defamation lawsuit. In a filing submitted to St. Joseph Superior Court 4 on Nov. 3, Kay made part of her argument against the Irish Rover, a Catholic and conservative student publication. Kay and her legal team argued the evidence demonstrates the two allegedly defamatory Rover articles published in October 2022 and March 2023 were aimed directly at Kay and designed to advance personal agendas rather than further the right to free speech. The presented legal evidence — including text messages between the newspaper’s writers, faculty advisors and other students — attempts to demonstrate that the Rover was misleading in its reporting. The filing also argues that the “J” on
Kay’s office door was intended to stand for “Jane Doe,” a reference to sexual assault victims. The document also stated that Kay’s husband was fired from Notre Dame in May 2023. “The October 12, 2022, article was the result of a concerted effort of Notre Dame faculty, staff, students and even an alumni group, all with one agenda in mind — to get rid of Professor Kay,” the document said.
Kay’s response filing reveals details of Rover reporting tactics, Rover legal defense points to First Amendment Rover reporters received tips from University faculty, encouraged a Holy Cross student to request Plan C pills from Kay and discussed “undercover” methods when reporting about Kay. The Irish Rover legal counsel says reporting practices detailed in the new documents are not relevant to its motion to dismiss the defamation lawsuit. The right to free speech is not conditioned on motives, said Jim Bopp, one of the Irish Rover attorneys. Bopp said the issues are
whether the Rover and its writers were engaged in First Amendment protected speech — which, he argues, they were — and if they had a reasonable basis for the statements made in the articles. Anything other than that, Bopp said, is irrelevant. The Rover’s legal counsel makes this argument in its reply to support its motion to dismiss, which was filed Nov. 20. “She put a vast amount of irrelevant, immaterial things in her response that has nothing to do with the issues before the court,” Bopp said. Kay first sued the Irish Rover in May 2023. The Rover’s legal counsel filed a motion to dismiss the suit in July under Indiana’s anti-SLAPP Law, which is designed to protect First Amendment rights. Kay’s filing sought to refute the grounds on which the Rover filed its motion to dismiss. Both Kay and the Rover filed their responses ahead of the hearing on the motion to dismiss the case, which is scheduled for 11 a.m. on Dec. 20. In September 2022, Kay see KAY V. ROVER PAGE 4
BALLAD OF SONGBIRDS AND SNAKES NEWS PAGE 4
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