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The "EveryBody" Insider |
| 25
Years to Racial Ignorance By Kevin Johnson The U.S. Supreme Court rulings in the Jennifer Gatz (White female) and Patrick Hamacher (White male) V. Bollinger [University of Michigan undergraduate] and Barbara Grutter V. Bollinger [University of Michigan Law School] case confirm that race and ethnicity may be used as one of many factors in admissions policies at universities seeking to achieve diversity so long as numerical set asides or predetermined mathematical formulae are not employed. The court concluded that the use of race/ethnicity as a factor by the Law School to achieve a student body mixture containing a "critical mass" of members of underrepresented minorities (Blacks, Hispanics, and Native Americans) was okay. However, they stated "we expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." The point system used to achieve diversity in the undergraduate admissions policy was struck down. The school is forbidden to give minorities 20 points towards the final score of 100 needed for automatic approval. There is much discussion about this ruling which comes 25 years after the 1978 Bakke case struck down the use of quotas or set aside seats for minorities at the University of Cal Medical School. And, the Bakke case followed 24 years behind the famous 1954 Brown V. Board case which called for the end of segregated public schools. The justices disagree on what role if any race constitutes in 2003 America. Some think we are Constitutionally bound to be color-blind while others suggest that color-blindness is not the proper prescription for operating in today's environment and for adjusting for past discrimination. Justice Sandra Day O'Connor, considered the swing vote, wrote the majority opinion supporting the use of race as a factor. This was perhaps due to her presumption that minorities face difficulties in higher education as she faced difficulties as a female law student at Stanford (L.L.B. 1952). Somehow part of her had to concede that the struggle of Blacks for civil rights and access to education was helping to strike down barriers for women as well. The current special bridge to help minorities gain access to college seem like barriers or hurdles to some White females. Thus, Cheryl Hopwood filed a suit against the UT Law School in the mid 1990s. And, Jennifer Gatz and Barbara Grutter filed the two recent Supreme Court. Former historically discriminated against groups (White females and minorities) are now butting against one another for opportunity. The Declaration of Independence declares "all MEN are created equal." (so much for founding mothers). The Constitution as originally signed did not grant women suffrage. It recognized slavery and spoke of Indians not taxed. Black men got the right to vote in 1870. Indians were subjected to the final Indian Wars and removals to reservations in the 1800s. In 1886 the Statue of Liberty bearing the likeness of a newly emancipated White female was dedicated. The statue displays the broken chains of bondage at the feet of the White female. She had gained "her" "freedom" before she had the right to vote? "She" had been in the chains of bondage in the earlier 1800's and now the chains were broken? White and Black women worked to get women suffrage which occurred in 1920. Women suffrage occurred 5 years after the striking down of the discriminatory Grandfather Clause denying Black men's right to vote. During and after the Civil Rights movements of the 1950s and 1960s there was the Women's Rights movement to address gender bias. Today there are White women in both houses of congress. There are White women but no Blacks in the U.S. Senate. There are more White females on the Supreme Court than Blacks. She has come a long way. She is actually the majority and her power will grow over time. White women are on both sides of the recent cases. Note that the President of University of Michigan, Dr. Mary Sue Coleman, is also White female. In the next 25 years there may be other White females deciding the future of diversity plans and race relations for the nation. May they render healthy decisions. The late Congressman Mickey Leeland made an interesting statement during a talk at Texas A&M, circa 1980, regarding the school's competition with Prairie View A&M in attracting Black students. He stated that "it will be a beautiful day when Texas A&M has to compete with Prairie View A&M for White students." The current justices' ruling would suggest that such a day is within 300 months of where we sit. The next generation will see. |