Tuesday, April 29, 2014

Historically marginalized groups

A Victory for Fairness


    In 2006, Michigan voters chose by a 58% majority to ban using race as a preference in admissions in their state-supported universities. The democratic vote was challenged in court and the U. S. Supreme Court ruled last week - in my opinion - as they ought to have ruled, by a 6-2 margin, no less. Yes, Michigan voters have the right to ban racial preferences in university admissions processes. While the decision the court was actually making was whether the voters could decide such a ban in the first place, it did undergird a fundamental principle of American society - fairness and justice that is (or ought to be) blind.


    Justice Sotomayor was one of the dissenting opinions and she wrote of “historically marginalized groups,” by which she no doubt had in mind African-Americans. I agree that the federal courts need to “protect their constitutional rights” - but the federal courts ought to protect everyone’s constitutional rights. It does not seem to me to be a “constitutional right” to get extra points in the college admissions process simply because you are black (or female or whatever). Justice is supposed to be blind.


    Grades are inherently based on merit. Do you deserve an A or not? In the same way, admissions into a program that is inherently limited by space and resources has to be meted out based on merit. Grades would not - or should not - be the ultimate factor but they should play a role. Community service could easily play just as important a role as grades or your score on the LSAT. And anyone can do community service!


    The problem with “historically marginalized groups” is not what the Left says it is. Their problem is not access to education. Their problem is too many of them are distracted from taking advantage of the education that is made available to them. Common sense and studies both confirm the fact that these minority groups suffer from two things: missing fathers and a parent (or parents) with no job.


    If Americans want to help marginalized groups, we will have to go back to following God’s pattern for the home: one man, one woman (for life) - and parents providing for their kids (see 1 Timothy 5:8; Ephesians 6:4). Rachel Sheffield, writing for the Heritage Foundation, calls on us to restore a “culture of marriage.” She is exactly right and exactly biblical. “The trend of family breakdown must be reversed. Strong families are the nation’s most precious resource, and we need to get serious about building and maintaining them” (blog.heritage.org).


    Giving someone an advantage over another simply based on the color of their skin does not help anyone. It is actually condescending. The Bible teaches: “You shall do no injustice in judgment; you shall not be partial to the poor nor defer to the great, but you are to judge your neighbor fairly” (Leviticus 19:15).


    Eight years ago, the citizens of Michigan voted to be more fair in the university admissions process. Last week, the U. S. Supreme Court decided the citizens of Michigan were right. That’s worth celebrating.

Paul Hollamd

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