Affirmative Action

Students attend the 367th Commencement Exercises at Harvard University in Cambridge, Mass., May 24, 2018. REUTERS/Brian Snyder

The U.S. Supreme Court on Thursday struck down race-conscious student admissions programs at Harvard University and the University of North Carolina in a sharp setback to affirmative action policies often used to increase the number of Black, Hispanic, and other underrepresented minority groups on campuses.

Harvard Law School graduates react after receiving their degrees during Harvard University’s 372nd Commencement Exercises in Cambridge, Mass. on May 25, 2023. REUTERS/Brian Snyder

I’m proud to say that I benefitted from affirmative action. These policies, sometimes called “race conscious admission policies,” allow colleges and universities to address unequal access to educational opportunities by taking different aspects of a student’s background, including race, into account among other admission factors. But even with affirmative action in place, in 1994 I joined fewer than 25 other Black men in a freshman class of over 1,000 students at Emory University.

A general view of the Supreme Court building in Washington, D.C., Nov. 26, 2021. REUTERS/Will Dunham

Scholars say the court’s 6-3 conservative majority has shown an eagerness to impact abortion, affirmative action, LGBTQ rights, and more.

Jamar A. Boyd II 3-18-2019

Images via DFree/Shutterstock 

The idea that black and brown students possess the intellectual prowess to compete and succeed alongside their white counterparts is not a myth, it’s a fact. But, historically, black and brown students have not been allowed to showcase this intelligence in institutions of higher education.

the Web Editors 6-23-2016

Image via  / Shutterstock.com

"The race-conscious admissions program in use at the time of petitioner’s application is lawful under the Equal Protection Clause," said the court.

the Web Editors 5-03-2016

Eric Holder. Image via a katz / Shutterstock.com

Eric Holder, former attorney general under President Obama, waded into the debate over reparations for slavery at Georgetown University, reports America magazine.

While the call for reparations is an old one, the conversation really entered mainstream circles with Ta-Nehisi Coates’s 2014 essay on the subject in The Atlantic. Holder’s comments on April 29 continue that conversation.

Lisa Sharon Harper 6-03-2014

(Stepan Kapl / Shutterstock)

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.

Lisa Sharon Harper 6-25-2013
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.

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.

Edward Gilbreath 1-06-2010

As you probably know, one of the big articles making the rounds this week is Time magazine's major report on Willow Creek Community Church and the noteworthy progress being made in evangelical megachurches to bridge the racial divide.

Jim Wallis 7-29-2009
I have been away for the last couple of weeks, first for a family wedding and reunion on a lake in northern Michigan, and then at the Chautauqua conference center in rural New York state.
Jim Wallis 7-17-2009
The confirmation hearing for Judge Sonia Sotomayor this week again brings up the fundamental issues of diversity and affirmative action.
Eugene Cho 9-24-2008
This is hard to read. Hard to swallow. Hard to understand ...
Shane Claiborne 9-02-2008

[see all posts in this conversation on New Monastics and race.]

Vonetta and Jason, first I want you to know that I am deeply grateful for the conversation you've invited and stirred with our private conversations and now

Jim Wallis 7-01-1998

The debate over affirmative action can get confusing because it quickly degenerates into complicated legal battles that most people don’t understand. In the midst of the confusion, the moral issues of this debate are the most important.

Let’s start with the most basic social fact: The United States is not a level racial playing field. Equal opportunity regardless of race has yet to be achieved in our country. We have made substantial progress, but middle-class blacks, Latinos, and Asians can still tell current stories of discrimination based solely on skin color. And for millions of people of color trapped in segregated underclass neighborhoods, hope has faded away of ever escaping poverty and violence. Most Americans, and even most white people if pressed, would probably admit that we don’t yet have a society whose rewards and benefits are "colorblind."

Affirmative action has always existed in America—for white men from affluent classes, in particular. Does anyone really want to argue that all the privileges that accrue to white people of means and their children are earned? Privilege perpetuates itself, in part by maintaining the social, economic, and political structures and habits that assist and assure its perpetuation. It is not whether anyone should get affirmative action, but rather whether anyone other than white men should get it. The question is what kind and how it will be implemented.

Diversity is not an option for America, it is our reality. The issue about diversity as we prepare to enter a new century is whether we will see it as a strength to embrace or a problem to be solved.