Affirmative Action

Schuette vs. the Image of God

IN 2006, A MAJORITY of Michigan voters amended their state constitution to outlaw the use of race in college admissions. Supporters of affirmative action challenged that amendment in court; in April, the U.S. Supreme Court (in a case known as Schuette vs. Coalition to Defend Affirmative Action) affirmed Michigan’s right to ban the use of affirmative action by public universities.

Justice Sonya Sotomayor issued a 58-page dissent with a blistering critique of the court’s ruling. Sotomayor pointed out the illogic of the majority opinion that the case was about the voters’ right to self-governance. “This case,” she wrote, “is about how the debate over the use of race-sensitive admissions policies may be resolved ... that is, it must be resolved in constitutionally permissible ways.”

Sotomayor explained in her dissent that “by permitting a majority of the voters in Michigan to do what our Constitution forbids, the Court ends the debate over race-sensitive admissions policies in Michigan in a manner that contravenes constitutional protections long recognized in our precedents.” In other words, if we allow the majority to rule without limits, then affirmative action is effectively dead.

Prior to the 2006 vote, admissions policies were governed by institutions’ own governing boards. Citizens could influence admissions policy by utilizing the mechanisms within the political structure of the board, by lobbying board members, or voting them in or out in statewide elections. The 2006 vote changed the structure of Michigan politics.

University alumni could still lobby for policies that favor their legacy students. Parents of athletes or students in a particular area of study could still lobby board members directly to alter policies in their favor. But parents of minority students were banned from utilizing the same mechanisms for their children.

Read the Full Article

​You've reached the end of our free magazine preview. For full digital access to Sojourners articles for as little as $2.95, please subscribe now. Your subscription allows us to pay authors fairly for their terrific work!
Subscribe Now!

Jesus and Affirmative Action

Tower at the University of Texas, Katherine Welles / Shutterstock.com

Tower at the University of Texas, Katherine Welles / Shutterstock.com

In a vote of 7-1 on Monday, the Supreme Court sent an affirmative action case, Fisher v. University of Texas, back to the lower court for a re-hearing, while reaffirming the benefits of diversity in institutions of higher learning and authorizing the continued use of race as one factor in admissions. By sending the case back to determine if the University of Texas could find no “available, workable race-neutral” alternatives available to them, Justice Ruth Bader Ginsberg explained the court did not issue a strong enough support for affirmative action. I agree. By virtue of our nation’s not-so-distant history, race simply is a factor that should be considered.

For nearly 250 years, blacks were bought and sold like cattle and carriages on auction blocks across America. When the Atlantic slave trade was outlawed in 1807, the U.S. bred slaves to reinforce the fundamental source of its wealth: free labor. When shackles fell from the wrists and legs of black men, women, and children — and the Reconstruction Era took hold — black families thrived and held public office. Then, for the next 80 years, thousands of white men in the South covered their faces with sheets, burned crosses, lynched 3,445 black men, women, and children, and instituted a web of laws that made it nearly impossible for blacks to vote, attain equal education, or own a home of much worth. At the same time in the North, blacks, Latinos, and Asians were redlined into urban ghettos where access to good housing, competitive education, adequate health care, effective law enforcement, and gainful employment was scarce.  

When did this reign of terror against African-Americans end? The Civil Rights Act of 1964 and Voting Rights Act of 1965 outlawed so-called “Jim Crow” laws that had blocked blacks from voting and legally reinforced racial segregation. The acts laid the foundation for legal recourse against all manner of discrimination from that day to present. 

Now consider this: We have made only two generations of progress after 17 generations of comprehensive, structural, systematized, and racialized oppression. And the effects of that oppression still haunt us today.

In Honor of Civil Rights Leaders Benjamin Hooks and Dorothy Height

The world is stubborn. It changes its thinking at a glacial pace. People fear change, and they come to hate what they fear. Powerful interests do not want to lose or to share power. The work of social justice, of affecting positive change requires persistent commitment and radical love that gives one the energy to continue the work across decades.

Subscribe