What’s Race got to do with it? Supreme Court Looks at Integration Programs in the Schools

On Monday, December 4, 2006, the Supreme Court again heard arguments concerning racial integration in public schools. The case brings up the following philosophical questions: Should we be willing to sacrifice the individual for the good of society as a whole? Does a person’s race or sex help to define her or him in an important way? Is discrimination widespread? Are we still feeling the effects of slavery?

The way that we answer these questions helps to determine our opinions about this case and about affirmative action.

The justices’ points of view seemed to hinge on the following question: Is it okay for schools to reach a racial objective (having a mix of races in schools) through a racial means (admitting or refusing students based on their race)?

Many of the justices including Samuel A. Alito Jr., Clarence Thomas, Antonin Scalia, and Chief Justice John G. Roberts Jr., answer the question with a resounding "no" -- no it is not constitutional for government to achieve diversity through a race-based plan.

However, Ruth Bader Ginsberg, Stephen G. Breyer, and David H. Souter suggested that achieving racial diversity in the schools may require some sort of race-based selection process. Justice Anthony M. Kennedy clearly disliked the schools’ specific plans, but did not seem to rule out public school integration plans altogether.

Do you think students should be considered as individuals or as members of a group? Is there a way to create racial diversity without excluding/including students on the basis of race?

For more on the ideas behind affirmative action and discrimination click here.

Seattle and Louisville Schools

Though Seattle, Washington and Louisville, Kentucky are very different places, both have school districts that attempt to maintain a "racial balance" that mirrors the community at large. In Louisville, schools must maintain an African-American population of 15 percent, while Seattle high schools must stay within 15 percent of the district’s overall makeup, which is 60 percent nonwhite. In both cases, race is only one factor of many when deciding which students should attend which schools.

The case was brought forth when parents from both districts argued that their children should not be denied admittance on the basis of race.

Chief Justice Roberts agreed, suggesting that children should not be color-coded and that race should be completely removed from the public school selection process.

But Justice Breyer argued that this case is different from those where merit is at issue. Since school districts are not trying to create better schools, he says, the arguments against affirmative action do not directly apply.

For more on our education system, click here.

Similar to affirmative action?

Generally speaking, affirmative action is an all-purpose term that refers to various programs which strive to aid disadvantaged groups. Most often, affirmative action programs help women and/or people of color by encouraging their admittance into schools or jobs that historically were not available to them. Sometimes, these programs involve quotas, but often, affirmative action makes race a positive quality, instead of a negative or non-existent factor.

What can "diversity" mean and why is it important? To some, a diverse group is one that includes and genuinely values different kinds of people. People can be different from each other for all sorts of reasons, including race, gender, class, age, beliefs, values...the list goes on and on. A truly diverse group does not simply represent various races; it includes and welcomes all sorts of differences.

Affirmative action programs focus on race and gender diversity in particular. Some proponents of affirmative action feel that race and gender are the most prevalent sites of discrimination. Opponents feel that each individual should compete without regard for the history of imbalances.

But, as Justice Breyer points out, this case is unlike affirmative action cases in that students are not competing for an opportunity that is not available to all. On the contrary, every student is required to attend public school. Therefore, race does not provide or deny opportunity in this case; rather, it allows the entire district to maintain some racial balance, which, theoretically, benefits every child.

If the Supreme Court rules against schools’ reintegration programs, it could affect other affirmative-action programs that benefit other disadvantaged groups, including women.

What do you think?

Let your representatives know what you think! To get connected directly with them, click here.

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Posted on: 12/10/2006