Penn State Dickinson Law Constitution Day events explore issues related to equal protection and higher education

CARLISLE and UNIVERSITY PARK, Pa.—Penn State Dickinson Law held Constitution Day programs at its locations in Carlisle and University Park in mid-September, sparking informative conversations about universities’ role in democracy and the state of LGBTQ+ rights in the United States.

Since 2004, Constitution Day has been held annually on September 17 to commemorate the day Constitutional Convention delegates signed our nation’s governing document in 1787. Every educational institution receiving Title IV funds must put on a Constitution-focused educational program on or around that date.

Carlisle: ‘I love the Constitution’

The Carlisle event, titled “What Happened to Equal Protection Under the Law? A Conversation on the State of LGBTQ+ People and Rights in America,” took place on September 17. Co-sponsored by the Antiracist Development Institute at Penn State Dickinson Law, the program, held in Apfelbaum Family Courtroom and Auditorium and simulcast via Zoom, featured a panel of legal experts weighing in on the state of LGBTQ+ rights and the need to educate the next generation of legal advocates.

Each speaker offered their own nuanced take on the state of LGBTQ+ rights based on both their work and personal experiences. All agreed that litigation, legislation, and organizing will be critical to not just extending but, in this moment, maintaining the rights of LGBTQ+ people.

Preston D. Mitchum, an award-winning Black queer attorney, advocate, and activist who previously served as director of advocacy and government affairs at The Trevor Project, said the LGBTQ+ community is feeling the paradox of greater visibility without increased security. “The double-edged sword that's usually not discussed with visibility is that people want queer, trans, and gender-expansive folks to be seen, to be heard, to be celebrated while not discussing what safety and rigor look like for our visibility,” said Mitchum.

Panelists were asked whether the U.S. is providing equal protection to queer Americans. Erika Lorshbough, executive director at interACT, Advocates for Intersex Youth, answered by positing LGBTQ+ people may not feel safe in public spaces. “If they do not, what good is that constitutional provision?” said Lorshbough. “I say this as a person who worked for the ACLU for nine years. I love the Constitution.”

Olivia Hunt, director of federal policy at A4TE, Advocates for Trans Equality, advised students to trust their moral and ethical judgment as they move through law school and beyond. “I think the most common failure state that I've seen among lawyers that causes them to give up on doing any social good is the idea that, ‘I don't have capacity to make a judgment about this. I can only discuss what the law currently says and how it will apply to a situation, and something outside of that I cannot weigh in on, whether that is right or wrong,’” Hunt said. “It disturbs me how often I've seen that among some of the most thoughtful people as they moved into their careers.”

All three panelists urged students to engage and remain joyful even in the face of challenges. “In spite of all the things that are happening in, against, and to our communities, we're rising up every single day. That is still a part of our joy. And I think joy is a tool of resistance. It is not just a moment or just a laugh,” said Mitchum.

University Park: ‘Universities are now rising to the occasion’

The University Park event, titled “Higher Education at a Crossroads: What Universities Owe Democracy?,” took place on September 22 in Katz Auditorium and was simulcast via Zoom. Guest speaker Phillip Spector, co-author of What Universities Owe Democracy and cofounder of the Peter Gruber Rule of Law Clinic at Yale Law School, began by sharing some of the history of U.S. universities and their evolution.

President George Washington's first State of the Union address emphasized the importance of higher education for the security of a free Constitution. While Washington’s dream of a national university never came to fruition, the Morrill Land Grant College Acts, passed in 1862 and 1890, led to the creation of public universities focusing on agriculture, mechanical arts, and military tactics.

Following World War II, universities played a crucial role in solidifying America's scientific leadership during the Cold War. However, Spector noted that more recently, there has been a significant decline in trust of universities among Americans, a viewpoint shared across demographics.

“From 2015 to 2024, the share of Americans who have confidence in universities fell from 57% to 36%,” said Spector. “This is a precipitous drop that cuts across age, gender, and, believe it or not, political affiliation. No institution in American life has fallen in the polling so far and so fast.”

Spector focused much of his talk on specific ways universities serve democracy and how they may have drifted from this goal in recent years. He also reflected on what he termed reasons for optimism, as a number of universities have started to launch democratic initiatives anew. “Universities are now rising to the occasion at a moment when democracy is at threat around the world,” said Spector.

He noted that one of liberal democracy’s premises is that every single citizen should have the opportunity to climb the economic and social ladders based on their aptitudes and efforts. “In our country, this has been called the American dream, and today, the economic benefits of higher education are massive,” said Spector.

Following Spector’s talk, Penn State Dickinson Law Professor Jud Mathews facilitated a Q&A session, asking insightful questions of his own and then opening the floor to queries from faculty and students. Mathews flipped the title of Spector’s book and invited him to discuss what democracy owes universities.

While noting that he doesn’t agree with all the criticisms leveled against universities, Spector said some people feel universities have become too insular and exclusive. Entering an honest dialogue with critics could help combat that perception, he suggested. “I don't think any of this will be solved, at least in an enduring manner, if we don't engage in conversation with people who feel like we broke the faith with them,” said Spector.