HELMSMANWednesday

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Intramural Soccer

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Giving Tuesday

Women Combat Policy

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4Vol. 80 No. 051

www.dailyhelmsman.comIndependent Student Newspaper of the University of Memphis

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indexTiger Babble 2Tigers’ Tales 3National 4

Local 6Sports 7

By Alexandra PusateriSpecial to The Daily Helmsman

Israeli-Palestinian confl ict hits home for student

For one University of Memphis student, the Israeli-Palestinian conflict hits close to home.

American-raised Sundus Ayesh recognizes her Palestinian heritage with pride. The teach-ing major wears a black and white hatta scarf to show her support for Palestine and its people.

Her parents immigrated to America from Palestine prior to her birth, but many of her rela-tives still live in the Middle East, where longstanding conflicts are affecting citizens of both Israel and the Gaza Strip of Palestine. In the current dispute, Hamas, the elected leaders of Gaza, want an end to the Israeli blockade of

its borders.Most recently, a cease-fire

agreement brokered by Egyptian leader Mohamed Morsi ended eight days of bombing between Hamas and Israel. The agreement remains fragile and details of the truce are still incomplete.

“I just know we can all share the land like we once have,” Ayesh said. “It’s a territory thing that’s just escalated to become chaos.”

The latest attacks have been the most deadly since the 2009 Gaza War, which caused more than 1,000 deaths, mostly Palestinians.

International governments have been pushing for a more permanent solution to the con-flict, and Ayesh said she is hope-

By Crystal WelchSpecial to The Daily Helmsman

see COnFLICT on page 4

Faculty to vote on same-sex benefi ts

The University of Memphis Faculty Senate will meet next week to vote on providing same-sex domestic partners with the same benefits given to married faculty and staff on campus. Senators dis-cussed the issue last month, but the vote will take place Tuesday.

As of now, the spouse of anyone working for the University full-time receives healthcare benefits along with the employee. Spouses are also entitled to education benefits such as receiving classes for a discounted tuition.

If this bill to extend these ben-efits to same-sex domestic partner-ships passes in the Faculty Senate, it will proceed to the U of M adminis-tration. The administration and the Tennessee Board of Regents have to approve the measure for it to be put into place.

Thomas Hrach, the journalism department representative in the senate, said if prospective professors who are in domestic partnerships are interested in coming to the U of M, the administration may not be able to give the benefits they require.

“We’re at a disadvantage if they want to come here,” he said.

The University of Tennessee Knoxville Faculty Senate approved a similar bill last spring, which includ-ed healthcare, family leave and fee waiver benefits. In September, Chancellor Jimmy G. Cheek wrote a letter to the school’s senate express-ing the administration’s inability to recognize the approved bill.

“It is incumbent upon us to act consistently with the public policy of our state,” Cheek wrote. “We believe that [the resolutions] are inconsistent with the public policy of our state expressed in constitu-tional and statutory provisions.”

Students are welcome to observe the meeting of the U of M Faculty Senate at 2:40 p.m. Tuesday in the Senate Chambers on the second floor of the University Center. n

Disappearing parking lots may pose problems

Each semester the University of Memphis gradually etches closer to its view of a better campus, illustrat-ed in its 10-year plan. Tiger Dining kiosks are being improved and their hours are extending. Buildings are being re-roofed and renovated to enhance their appearances. But one complaint rarely addressed to stu-dents’ satisfaction — parking on campus — could worsen in the next decade.

This summer, the Richardson Towers South parking lot will be torn up and construction on the new dorm will begin. Construction will take approximately 18 months and the first phase of the project will remove 62 percent of the 500 resi-dent parking spaces next to Towers, according to the University’s master plan.

So far, the question of where Richardson Towers’ residents will park during the new housing devel-opment remains unanswered.

“The planning for the new dorm is still in the works and a lot of the planning for parking is dependent upon student housing occupancy rates,” said Tony Poteet, assistant vice

president of campus planning and design.

The University aims to maintain at least 60 parking spaces for every 100 beds for the new dorm. The current ratio, excluding South Hall residents, falls slightly below with 57 parking spaces for every 100 beds.

But the question of where to park

for residents and commuters alike could get more difficult to answer as the campus expands. The University District “Vision Plan” from May 2011 shows several lots being replaced by buildings in the next decade.

The science research facility would be next to Memorial Field, behind the Michael D. Rose Theatre,

and would replace part of a priority permit parking lot with 192 spaces and a general parking lot with 170 spaces.

An unnamed structure is slated to be built in a priority parking lot next to the Engineering buildings. The lot

By L. Taylor Smith news@dailyhelmsman.com

see PARKInG on page 6

Teaching major Sundus Ayesh has family living in the Gaza Strip in Palestine, where the conflict with Israeli is taking place.

Photo courtesy of sundus Ayesh

For information on Meals in Motion, see page 6

The highlighted areas are currently parking lots. The number indicates the number of spots cur-rently in the lot. This May 2011 Vision Plan shows buildings covering up these lots in the future.

Editor-in-ChiefChelsea Boozer

Managing EditorChristopher Whitten

Design EditorAmanda Mitchell

Sports EditorBryan Heater

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Local, national charities encourage giving after shopping madness

Five days after Black Friday, the shopping riot videos posted on YouTube have garnered hun-dreds of thousands of views show-ing people flooding into stores and over each other for the cheap-est holiday products.

Post holiday shopping mad-ness, organizations all over the country teamed up Tuesday to encourage a new, possibly less-stressful way for Americans to spend their money this holiday season called Giving Tuesday.

The project, which aims to persuade people to donate to charities on the Tuesday follow-

ing Cyber Monday, was spear-headed by 92nd Street Y in New York City, a 140-year-old non-profit organization dedicated to promoting education, art, health, wellness and Jewish life.

Beverly Greenfield, director of public and media relations for 92nd Street Y, said when the idea for the project came about, mem-bers of the community center expected about 100 participants, but more than 2,000 charitable and non-profit organizations participated.

The project gained momentum with partners including Mashable, the United Nations Foundation and Microsoft.

“We started to think about how

communities are changing and how to bring together a commu-nity of digitally connected peo-ple,” she said. “Giving Tuesday can be a day that’s good for the soul.”

Greenfield said the social media response to Giving Tuesday was “astounding” and that at one point #GivingTuesday trended not only nationally, but worldwide.

Greenfield said she hopes for Giving Tuesday to become as much an anticipated day on the calendar as Thanksgiving, Black Friday and Cyber Monday.

Thirty-one organizations in Tennessee were listed on giv-ingtuesday.org as partners. They included Community Foundation

of Greater Memphis and Girl Scouts Hearts of the South.

Patti Smith, vice president of the Community Foundation of Greater Memphis, said the com-pany used the day to encour-age people to be charitable year round.

“People tend to think this is the busiest shopping time of the year, which it is, but it’s also the biggest time for giving,” she said.

Kristen Posey-Russell, com-munications manager for Girl Scouts Heart of the South, said the Scouts used Giving Tuesday as a way to encourage alumni to make monetary donations to the organization in honor of their 100-year anniversary.

Posey-Russell said the group’s website had an eight percent increase in traffic Tuesday, though monotary donations didn’t increase much.

“I think [Giving Tuesday] is a great idea,” she said. “It gives peo-ple a reminder to be thankful for what they have. I hope it becomes as mainstream and catches on like Black Friday and Cyber Monday.”

Ashley Mahone, senior musi-cal theatre major, said Giving Tuesday is a smart idea.

“I usually try to volunteer on Thanksgiving or Christmas day,” she said. “If you had a specific day dedicated to it I think more would get done and more people would get more out of it.” n

By Erica Hortonnews@dailyhelmsman.com

How are you planning on celebrating the semester ending?

By Chris WielandTigers’ Ta es

“Well, preparing for next semester’s classes.”

Tyler Burkley, African-American studies

freshman

“By sleeping. A lot of sleep.”

Jarvis Perkins, Undeclared sophomore

“I’m on Pom Squad, so practicing for nationals in January.”

Lauren Byrd, Journalism senior

“I’m going to sleep.”

Steve Shaver, University employee

“By eating some Christmas food and spending time with my family.”

Sherrod Rogers, Education senior

The University of Memphis Wednesday, November 28, 2012 • 3

ful that a lasting truce will be reached and honored.

Protestors around the world have united to show support for an end to the political battle. In Memphis, student organizers held a protest Nov. 17 at the intersection of Poplar Avenue and Highland Street. U of M sopho-more Emanne Knefati and Rhodes College student Abdulghani Bayakly organized the Global Walk 4 Children of Syria. What originally was planned as a dem-onstration to show support for Syria turned into one for Syria and Palestine.

American, Syrian and Palestinian flags were flown side by side as a sign of solidarity. Protestors also displayed signs with messages such as “honk for freedom.”

U of M junior Carla Cain wit-nessed the protest as she rode by.

“I was unaware of the situation when I originally saw people wav-ing flags on the street corners,” Cain said. “I don’t know anything

about what exactly is going on in Gaza.”

Ayesh was not a part of the pro-test, but said her friends attended, and she knows the organizers.

Ultimately, she believes more displays of solidarity will draw attention to the seriousness of the issue abroad, she said.

“Those of us who are from these places will be the main ones showing that we care, but if we had many people uniting together and showing we can work togeth-er, we will show everyone else a different side of who we truly are,” Ayesh said.

She has not been able to visit Palestine in more than 10 years, but maintains contact with her family there and hopes to visit again soon.

There is hope around the world that the Israeli Defense Force and the Hamas group in Gaza can find a common ground leading to a lasting peace.

“The thing is — how fair is all of this going to be for both sides?” Ayesh said. “I’m tired of people dying no matter what side it is.” n

WASHINGTON — Taliban fighters didn’t discriminate when they wounded then-Capt. Mary Jennings of the California Air National Guard. She was the enemy, so they shot at her as well as the men flying beside her.

Now a major, and known as Mary Jennings Hegar, the decorated helicopter pilot and other female service members are opening a

new front in the challenge to the military’s long-standing exclusion of women from ground combat positions. In a federal lawsuit filed Tuesday, the women say eliminat-ing the policy is long overdue.

“This policy is outdated, and it does not match the reality of mod-ern war,” American Civil Liberties Union senior staff attorney Ariela Migdal said in a telephone news conference.

The lawsuit filed by the ACLU in U.S. District Court in San Francisco

is the second this year challeng-ing the military’s female ground-combat exclusion policy. Last May, a University of Virginia Law School team filed the first suit in federal court in Washington.

The lawsuits take similar approaches, calling the military policy a violation of constitutional guarantees of equal protection and a hindrance to promotion potential. Both also face similar challenges. In particular, courts often are loath to interfere with military practices.

“The ground combat assignment policy is founded on (the Defense Department’s) assessment, based on its military expertise, of what is necessary to preserve force readi-ness and military effectiveness,” Justice Department attorneys wrote in response to the Washington law-suit, adding that “this assessment is entitled to substantial deference.”

The military’s policy regard-ing women in combat has been a work in progress since 1948, when Congress first passed a law mak-ing women a permanent — though explicitly limited — part of the U.S. armed services. By 1994, after the

first Persian Gulf War, the Pentagon narrowed the exclusion of women to cover units below the brigade level whose primary mission is to engage in direct combat on the ground. A brigade is usually com-posed of 3,000 to 5,000 troops.

Last February, the Pentagon fur-ther refined the exclusion to allow women in certain occupations to serve in battalion-level units, which typically have 500 to 600 soldiers. Individual branches also are per-mitted to exclude women from their special operations forces, such

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uuConflictContinued from page 1

University of Memphis teaching major Sundus Ayesh (pictured), whose family is Palestinian, said the Gaza-Israel conflict hits close to home for her becasue she has family living in the Gaza Strip .

Photo courtesy of sundus Ayesh

Service members challenge policy on women in combatBy Michael DoyleMcClatchy Newspapers

Staff Sgt. Jennifer Hunt, a civil affairs specialist in the Army Reserves, served in both Afghanistan and Iraq, where she was wounded by a roadside bomb in 2007. She is one of several service-women joining a lawsuit filed Tuesday challenging the Pentagon’s policy excluding women from combat positions.

Photo courtesy of Mct

see WoMen on page 5

National

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Solutions are the best.as the Navy SEALs.

“The elimination of gender-restricted assignment policies requires deliberate action,” the Pentagon’s February report to Congress cautioned. “There are serious practical barriers, which require time to resolve.”

In past cases, the Supreme Court has said sex discrimination is per-mitted only if it’s supported by an “exceedingly persuasive” justi-

fication that’s substantially relat-ed to “important governmental objectives.”

Combat, though, doesn’t always respect the bureaucratic or legal niceties.

More than 280,000 women have served in the military during the past decade, while the Iraq and Afghanistan wars have been fought. More than 130 have died and more than 800 have been wounded, according to the Congressional Research Service.

Hegar came under fire on

July 29, 2009, while co-piloting a HH-60G Pave Hawk search-and-rescue helicopter near Kandahar Airfield in Afghanistan. Assigned to the 129th Rescue Squadron, usu-ally based at Moffett Field in the San Francisco Bay Area, Hegar was awarded the Distinguished Flying Cross with Valor, as well as the Purple Heart, for her actions that day in rescuing three wounded U.S. soldiers.

“My story is not exceptional or

uuWomenContinued from page 4

see MILITARY on page 7

The University of Memphis Wednesday, November 28, 2012 • 5

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newly remodeled

Students craving cuisine from that near-campus eatery that doesn’t deliver no longer have to worry about getting out to order.

Meals in Motion serves as the mid-dle man, delivering food from several restaurants in the East Memphis area to its customers for a minimum $10 delivery fee.

“My fiancé and I worked for the East Cooper delivery system while I was attending college in South Carolina. We both really enjoyed it and decided we would give it a go,” said Abby May, co-owner of Meals in Motion.

The service, which began operating in 2009, delivers from Patrick’s Steaks and Spirits, Bosses, Casablanca, Wang’s, Lucchesi’s, Bangkok Alley, Jim’s Place, Las Delicias, Mortimer’s, Ryu Sushi Bar, Sharky’s Gulf Grill and Three Little Pigs.

Mike Miller, owner of Patrick’s Steak and Spirits, gives the company a good review.

“We were the first restaurant to come on with them when they started. The trick with delivery is always serving the customer properly. So far we have received nothing but good feedback about Meals in Motion’s service,” he said.

May said the local favorites that tend to get the most orders are fried catfish from Patrick’s, pizza from Ciao Bella’s and wings from Bosses.

“We want to provide food from locally owned restaurants with selec-tions that not only we would eat but others would enjoy as well,” she said.

Meals in Motion provides conve-nience store services, too. They will

make a stop at a convenience store on the way to a customer’s home and pick up additional items.

May said she has established positive relationships with the restaurants Meals in Motion is affiliated with. Bosses owner John Yacoubian knew the Mays before he opened his restaurant.

“My accounting professor, when I attended the U of M, was the one who

inspired me to open my restaurant. Abby and Jackson [Mays] used to be two of my favorite customers. Their business not only helps us out with not having to deliver, but also allows those who are unable to or do not get out a means of getting our food,” Yacoubian said.

Like any business, there are those “regulars.” For Meals in Motion,

it’s a couple who regularly has lunch delivered.

“One of my favorite memories with this business is when we were asked to deliver lunch to an elderly couple on a regular basis. We developed a great relationship from seeing them so frequently, and it satisfied me to make them happy with our business,” May said.

Meals in Motion is open for lunch Monday through Friday from 11 a.m. until 2 p.m., and weekly for dinner from 5 until 10 p.m. Customers order by viewing menus at mymealsinmotion.com and then calling 901-590-2870.

“All we want is to do a good job of serving people with the food that we enjoy. If we do that, then we are doing our job,” May said. n

Abbie May, founder and driver of Meals in Motion, meets with Mike Miller, owner of Patrick’s Steaks & Spirits, outside his restaurant.

Photo By chris WielAnd | stAff

has 256 spots. Southern Lot could face the

most substantial changes. The plan includes construction of more stu-dent housing between Patterson Street and the Student Recreation and Fitness Center.

“Our vision is to maintain and hopefully increase the available park-ing on campus over time,” Poteet said. “The vision plan includes expansion of parking on the east side of campus by expanding the exist-ing surface lots, and the plan also includes new parking garages.”

As it is, residents and commuters struggle to find space and foot the bill for it, too.

Each student who goes to class full time — 12 hours or more — pays $44 for a general parking tag whether they are a commuter student or not. The fee is included in the program service under maintenance.

Residents have the option to purchase a parking permit for lots intended for on-campus students closer to the dorms. They pay $38 a semester for access in addition to the general parking fee for a total cost of $82. Both tags have to be renewed at

the beginning of each semester. This semester, U of M Parking

Services sold 1,021 resident parking permits. The majority of resident lots are gated, but 56 spaces on Desoto Avenue, State Street and Veterans Avenue are un-gated.

In order to evade paying another fee, some residents find alternative places to park.

“I probably would’ve bought it if it was around $15 or less, but I also understand that other park-ing permits around campus are way more expensive,” said Kayla Kunkel, a junior religion in society major.

Kunkel, who lived in the Living Learning Complex for two years, had a resident parking sticker her freshman year, but when she forgot to purchase one for her sophomore year she found other places to park.

“I realized that parking on Central or Southern at night wasn’t as bad as long as I called Tiger Patrol,” Kunkel said. “After I survived a whole semes-ter, I didn’t see the point in purchas-ing it anymore.”

Commuters pay a steeper price if they want a reserved space when they come to campus. For $90 per semester, a commuter can pur-chase a parking permit for one of the University’s 13 priority parking lots, including the Zach Curlin and

Innovation Parking Garages. Alexandra Slater, a junior psy-

chology major, buys a permit twice a year despite the price tag.

“I would really like to avoid my blood pressure going through the roof trying to park in Central Lot,” Slater said. “When I didn’t buy a permit, I paid by the hour to park in the garage.”

Other commuters have been known to come up with creative solutions to their parking woes. One student uses her sister’s resi-dent parking permit since her sister doesn’t own a car.

A solution for commuters sick of seeking space is to find other means to get to campus like carpooling, using public transportation or rid-ing a bike.

Tyler Heston, a sophomore reli-gion in society major, lives about 3.5 miles from campus off of Park Avenue. He has biked to campus once from home but discovered the ride is more strenuous than he origi-nally thought.

“I decided to bike to campus to save gas and because it’s good to be active,” Heston said. “It’s gotten a lot better since the beginning of school, but that’s originally why I bought a bike, to avoid parking. We could use a few more parking spots for sure.” n

uuParkingContinued from page 1

Delivery service operating in campus areaBy Shelby Smithnews@dailyhelmsman.com

Localwww.dailyhelmsman.com6 • Wednesday, November 28, 2012

Supreme Court to consider timing on gay marriage

International students mix up intramuralsThe soccer team in the intramu-

ral sports league at the University of Memphis has won every game so far, and they are not done yet.

Known as the “Gummy Bears”, the team consists of eight players from four nations: Germany, France, Venezuela and America.

“I knew the team would be really, really good so I wanted it to have a name that was very unintimidat-ing. I wanted people to have to say that they got their butt kicked by the Gummy Bears,” said Jake Silvestri, a 22-year-old economics major from San Antonio, Texas.

All of the players have strong ties to soccer. Many of them have been playing since they were kids, espe-cially those from outside of the United States, where many people are pas-sionate soccer fans.

“In Europe when you are a child, your parents give you a soccer ball and they say: ‘Go play.’ So, soccer is a part of our life,” said Yannis Ammoura, 22, finance and accounting major.

This is the third team organized by Silvestri, who describes himself as “a bit coach, a bit captain and a bit team organizer”.

“I get messages from past players asking if the current team is better than the one they played on,” Silvestri said.

Twelve teams play in this semester’s intramural soccer league.

Although the Gummy Bears strug-

gled in their last game to make it to the final round, most of their previous games ended in the first half due to the mercy rule, which ends a game if one team wins by 10 goals.

“Our team is pretty well balanced. There is almost no one with a far lower level than the rest,” said Pascal Roman Rakers, 21, finance and accounting major.

The players have developed a level of comraderie over the past semester. They usually celebrate a victory with a beer after a game.

Intramural sports are accessible to all students, faculty and staff at the University. Students have to take at least six hours of courses to be able to participate.

The University fields intramural

teams in many other sports including basketball, volleyball and football.

Students who are interested in getting a team together may register online in the intramural section of Memphis.edu.

The Gummy Bears play in the final today at 9:45 p.m. in the Grey Gym in the Student Recreational and Fitness Center n

By Alena KarthariusSpecial to The Daily Helmsman

By Bryan Heaterbheater@dailyhelmsman.com

WASHINGTON — After two decades in which gay rights moved from the margin to capture the sup-port of most Americans, the Supreme Court justices this week will decide if now is the time to rule on whether gays and lesbians have a constitutional right to marry.

For justices, the issue is not just what to decide, but when to decide it. The court has been faulted for waiting too long or moving too quickly to recognize constitutional rights.

The justices did not strike down state bans on interracial marriage until 1967, 13 years after they had declared racial segregation unconsti-tutional. Yet in response to the grow-ing women’s rights movement, the court in 1973 struck down all the state laws restricting abortion, triggering a national “right to life” movement and drawing criticism even from some supporters that the Roe v. Wade rul-ing had gone too far too fast.

Now, the justices must decide whether to hear an appeal from the defenders of California’s Proposition 8, the 2008 voter initiative that limited marriage to a man and a woman.

At the same session Friday, the court will sift through several appeals to decide whether legally married gay couples have a right to equal benefits under federal law. Appeals courts in Boston and New York have struck down this part of the Defense of Marriage Act, and the justices are almost certain to take up a case to resolve that question.

The Proposition 8 case, known as Hollingsworth vs. Perry, presents justices with the more profound “right to marry” question.

Opinion polls now show a major-ity of Americans favor marriage equality, and support for it has been growing about 4 percent per year. On Nov. 6, voters in three states — Maine, Maryland and Washington — approved same-sex marriage, bring-ing the total to nine states.

Does the shift in public opinion suggest the court should uphold gay marriage now, or wait for more states, perhaps a majority, to legalize it?

The defenders of Proposition 8 say their case “raises the profoundly important question of whether the ancient and vital institution of mar-riage should be fundamentally rede-fined,” and in this instance, by federal judges.

A federal judge in San Francisco struck down Proposition 8 as dis-criminatory and irrational. In

By David G. SavageTribune Washington Bureau

see MARRIAGe on page 8

uncommon,” Hegar said Tuesday. “The vast majority of men I have served with in combat didn’t care if I was a woman. They cared only about whether I could do the job.”

Even with the ground combat ban in place, Hegar noted that she ended up engaging the enemy from the ground for about 20 minutes after her helicopter crashed. Hegar,

now 36, said if the policy were lifted she could apply for a ground com-bat position, which would help her career. Without that potential, she said, she’s transitioning out of the California Air National Guard into the Reserves.

Another woman joining the case, Staff Sgt. Jennifer Hunt of the Army Reserves, served in Afghanistan and Iraq, where she was wounded in August 2007 by a roadside bomb while on a reconstruction mission.

Hunt, now 28, says the ground combat exclusion policy has barred her from the leadership schools and experiences usually needed for promotion into higher ranks.

Various military branches dif-fer in their placement of women. While 99 percent of Air Force posi-tions are open to women, according to the Defense Department, only 66 percent of Army positions and 68 percent of Marine Corps positions are. Women can qualify for 80 per-

cent of Navy positions.All told, women constitute about

14.5 percent of the 1.4 million active-duty personnel.

“There’s definitely a feeling among servicewomen that the Pentagon’s progress is not enough,” Migdal said.

Last year, Rep. Loretta Sanchez, D-Calif., authored a measure to remove the combat exclusion policy legislatively, but the bill attracted no co-sponsors and didn’t pass. n

uuMilitaryContinued from page 5

The University of Memphis’ intramural soccer team, made of students from four nations, com-petes tonight at 9:45 in the Grey Gym at the Student Recreational and Fitness Center

suBMitted to the dAily helMsMAn

Tulane, ECU to join Big East as others leave conference

With conference realignment sweeping across the country, the Tulane Green Wave and East Carolina Pirates joined the trend Tuesday when each school announced a move to the Big East.

The Green Wave will join as a full member beginning in the 2014 sea-son, while the Pirates will enter as a football-only member. The programs became the fifth and sixth Conference USA schools to join the Big East in the last two years.

Big East commissioner Mike Aresco expressed his thoughts on the move for Tulane and the Pirates.

“I am pleased and excited to wel-

come Tulane University to the Big East Conference,” Aresco said. “Tulane University is an outstanding academic institution and is committed to excel-lence in athletics. They will be a val-ued member of the Big East.”

Aresco said he was just as thrilled to see East Carolina University’s football program move into the conference.

“They have a strong football tra-dition and a consistently successful program that will help elevate our football league. The University is an outstanding academic institution that reflects the values important to the Big East Conference.”

The move comes as the confer-ence attempts to rebuild as many of its original schools bolted to bigger and better opportunities. Rutgers

and Maryland announced last week that they would be making a move to the Big Ten, joining Pittsburgh and Syracuse, who will begin play in the Atlantic Coast Conference in September, and West Virginia, which began play in the Big 12 this season.

Tulane and East Carolina join Central Florida, Houston, Memphis and SMU as the schools to part ways with C-USA. Big East officials con-tinue to try and round up members as realignment continues.

The move to get East Carolina and Tulane largely comes because of their television markets. Greenville, N.C., home of the Pirates, provides a decent market while New Orleans is the 53rd largest market in the country.

The East Carolina football pro-

gram has played in a bowl game five out of the last six years and finished this season 8-4.

East Carolina Chancellor Steve Ballard said, “While hundreds of dedicated Pirates have contributed to [the move to the Big East,] I espe-cially want to recognize the relentless energy of Terry Holland and Nick Floyd in making this day a reality. It is a great day to be a Pirate.”

Tulane has struggled recently in basketball and football, but the school is building a new football facility named Yulman Stadium, which will hold 30,000 people.

As conference realignment con-tinues to shake up the athletic land-scape, expect more moves to come. n

Sports

The University of Memphis Wednesday, November 28, 2012 • 7

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February, the 9th U.S. Circuit Court of Appeals affirmed that by a 2-1 vote, rul-ing the ban on gay marriage violated the Constitution’s guarantee of equal pro-tection of the laws. The majority relied heavily on a 1996 opinion by Justice Anthony M. Kennedy that had struck down an anti-gay initiative adopted by Colorado voters.

The decision on whether to hear the case could be a hard call for the court’s conservatives and liberals.

Usually, the justices are inclined to vote to hear a case if they disagree with the lower court ruling. The most conservative justices — Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. — almost certainly think the 9th Circuit’s ruling was dubious. Scalia, for example, says the “equal protection” clause, added to the Constitution after the Civil War, aimed to stop racial dis-crimination and nothing more. He often insists the justices are not authorized to give a contemporary interpretation to phrases such as “equal protection.”

If Chief Justice John G. Roberts Jr.

joins the other three, the conservatives would have the needed four votes to hear the Proposition 8 case.

They may hesitate. To form a major-ity, they would need Justice Kennedy, the author of the court’s two strongest gay rights rulings. His 2003 opinion struck down a Texas anti-sodomy law and said the state could not “demean” gays by treating them as second-class citizens. Five months later, the Massachusetts Supreme Court, citing Kennedy’s opinion, became the first to rule that gays and lesbians had a right to marry.

If the court were to take up the Proposition 8 case, Kennedy, 76, would be likely to control the opinion.

“If you care about history and your legacy, that must be pretty tempting, to write the court’s opinion that could be the Brown v. Board of Education of the gay rights movement,” said Michael J. Klarman, a Harvard legal historian, referring to the case that ordered school desegregation.

Still, the court’s liberals also may hesitate. Justice Ruth Bader Ginsburg, though a leading women’s rights legal advocate, has said she thought the court

made a mistake in the 1970s by moving too fast to declare a national right to abortion.

If the court votes to hear the California case, it will be decided by late June. If the appeal is turned down, it means gay marriage will become law in California, due to the 9th Circuit’s decision. The court may also put off a decision on the Proposition 8 case until the justices have decided on the consti-tutionality of the Defense of Marriage Act, also by June. The court is likely to announce whether it intends to hear the cases by Dec. 3. n

uuMarriageContinued from page 7

www.dailyhelmsman.com8 • Wednesday, November 28, 2012