Racial Diversity and the Limiting of Affirmative Action in American Universities

Published in UDN
(Taiwan) on 1 July 2023
by Hsin-Chang Lu (link to originallink to original)
Translated from by Jennifer Sampson. Edited by Patricia Simoni.
An expert eyes ethnic diversity in American universities and restrictions on the use of affirmative action.

This week, the Supreme Court finally ruled on the long-controversial admissions guarantee for minority students, overturning the use of affirmative action in public and private college admissions and finding the consideration of race in admissions unconstitutional.

In a previous lawsuit in a circuit court, Harvard University’s defense team argued that to achieve the robust dialogue and mutual understanding necessary in the educational process, a realistic situation must first be created in the classroom that reflects racial and cultural diversity. Still, the Supreme Court justices ruled 6 to 3, in a conservative and liberal split, that affirmative action in colleges is unconstitutional.

President Joe Biden was unhappy with the Supreme Court’s ruling and, after facing many questions at a press conference, expressed his dissatisfaction in one sentence: “This is not a normal court.”

During the 1960s, affirmative action legislation was aimed at compensating Black and other minority students — through employment and other opportunities — for the social oppression and racial discrimination they had endured.

Interestingly, in the past 30 years, California has held two referendums on whether to allow racial considerations during the public college admission process. Even though the high cost of college had yet to become a societal problem, prestigious colleges in the University of California system, particularly Berkley and UCLA, had already endangered the admission opportunities of white students due to diversity considerations.

Proposition 209, which concerned racial considerations in college admissions, first passed in 1996, 55% in favor to 45% against, and prohibited the state university system from considering race during admissions. Additionally, at the beginning of this century, Michigan began a similar proposal to stop the use of affirmative action during the admission application process.

Unsurprisingly, since the referendum, the proportion of Black students at UCLA has fallen from 7% to 3%. Moreover, at the elite and prestigious Ivy League institutions, tuition has continued to rise, creating a long-standing chasm that has blocked students born into low-income households. Once they no longer receive scholarships, these students naturally will not continue to enroll.

Therefore, in 2020, California held another referendum on whether to repeal Proposition 209 — a remarkable debate about justice in a state that, particularly more recently, has more minorities. However, the eventual result was approximately 9.5 million votes against the repeal and almost 7.1 in favor. Thus, the measure to prohibit racial considerations and preference in admissions was upheld.

The justices’ ruling this time pertains to private universities, including Harvard. The group that filed this lawsuit, Students for Fair Admissions, was created by Edward Blum, a stock trader supported by the corporate group, American Enterprise Institute. Long opposing “reverse discrimination,” he is an activist who has influenced affirmative action.

As for the court’s repeal of the use of affirmative action in admissions, Chief Justice John Roberts delicately proposed another method of reparations. In the majority opinion, he wrote that the college application process might be changed to consider the applicant’s “discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.”

In other words, in the future, such considerations can be discussed only in a student’s letter of intent and study plan during admission deliberations.

Immediately after the court gave its ruling, Harvard’s President Claudine Gay spoke, saying that continuing to have a diverse campus has been a key factor in Harvard's having become what it is. Her position instantly received the support of all the deans on campus.

Those in higher education circles fundamentally agree on increasing diverse representation on campus as a means of rectifying longstanding racial discrimination and its damage in America. However, due to personal interest, Asian groups and other student representatives are unhappy about the anti-discrimination that might be created by preferential admissions. One after another, they gave statements supporting the justices’ ruling.

On the one hand, the law behind more than 60 years of remedial measures in education has been abolished in response to the great dissatisfaction of white families and Asian students. On the other hand, regional gaps in America’s secondary education, particularly for minority students living in urban areas, and problems such as weapons and unwed pregnancies as well as unqualified teachers, have created many obstacles on the road to growth.

Since American society has become divided and turbulent, is limiting the scope of affirmative action a good move or a disaster? It was certainly a momentous and joyful day filled with laughter for former president Donald Trump and his fans.


【專家之眼】美國大學的族群多樣性與平權法案適用限制

爭議多時的少數族裔學生入學保障,終於在本周由美國最高法院作出了裁決,一舉推翻了公、私立大學於招生入學時的平權作為,裁定考量種族因素違憲。

此前在聯邦巡迴法院內的訴訟,哈佛大學的辯護團隊雖然以教育過程所必要有的充分對話與交互理解,需要提前在課堂內達成現實社會的情境,包括反應族群多樣性與文化的多元;但大法官會議仍在保守派與自由派的光譜之下,以6:3做成大學的平權措施,是違憲的裁定。

拜登總統在面對記者會後的頻頻追問,對於最高法院的判決不滿,則是溢於言表的說了一句:「這不是個正常的法院組合」。

於上世紀的六零年代,「平權法案」(affirmative action)的立法,目的即是就黑人和少數族裔所曾遭受的社會壓迫與歧視對待,要給予渠等在就業等機會上的事後彌補。

有趣的觀察是,於過去約三十年間,先後有兩次在加州舉行的公投案,就公立大學體系入學時是否允許有做族群考量的空間;原因無他,即便彼時的高學費尚不成為社會問題,然於加州大學體系內名校,尤其是柏克萊、UCLA,因為進行多樣性考量卻已明顯危及白人子弟入學機會。

關於族群入學優惠的第209號公投案,在1996年間首度進行,當時是以55%對45%通過,禁止加州大學系統於入學審查進行族群考量;另外,在本世紀初,密西根州也啟動類似倡議,停止平權法案於公立大學作申請入學之時的適用。

並不令人意外的是,以UCLA而言,此後黑人學生的占比已從當時的7%,下降為3%。更何況長春藤聯盟等貴族名校的學費持續調高,在美國早已變成貧窮家庭出身者的天塹!一旦沒拿到名校的獎學金,自然就不會前往入學註冊的。

因此,到了2020年間,就是否應廢止第209號公投案,加州再舉行一次複決。頗令人矚目的一次公義大辯論,尤其晚近的加州,已然有更多的少數族裔。但最終的結果卻是以:約九百五十萬票的反對、近七百一十萬票的支持,就族群做考量的入學優惠措施,維持禁止適用的規定。

至於本次的大法官裁決,係擴及到哈佛大學在內的私立大學;其訴訟的提告團體,「學生爭取公平錄取」組織,創設者愛德華•布盧姆(Edward Blum),是從股票交易商出身,並有企業團體:美國企業研究院 (American Enterprise Institute)的支持,長期投入到反對「逆向歧視」,就平權法案產生影響的倡議運動者。

至於最高法院在廢止平權法案於入學申請時的適用,首席大法官羅伯茨(John Roberts)也委婉的提出修補方式;在多數意見書當中寫下了:大學申請流程或許可以改為考慮申請人,「關於種族歧視是如何影響到社會各階層生活,與該一類人的人生經驗等方面的討論」。

換言之,於日後的入學審查中,只能就學習意向書與學生的規劃報告做推敲。在大法官會議做成裁定的第一時間,哈佛大學當選未就任校長Claudine Gay即進行公開演說,她表示:繼續有校園組合的多樣性,正是哈佛之所以成其為哈佛的關鍵因素。同時,她的立場立即取得校內各院院長的聯名支持。

為能尋求補償美國長期以來的種族歧視與傷害,提高大學校園的多元代表性,已經是高等教育圈內人的基本共識。不過,基於切身利害,關於入學優惠所可能產生的反歧視,亞裔團體和主要的學生代表則並不樂見;他們更紛紛發言,支持大法官會議的決定。

一方面,已實施六十餘年的教育補救措施,法源雖然遭到了取消,但也回應了白人家庭和亞裔學生的諸多不滿。然於另一方面,美國高中教育的地域落差,尤其對居住在都會區內的少數族裔,他們從槍枝、未婚懷孕到課程師資等的問題,成長之路有豈止是艱辛困厄啊。

於美國已然走到分歧動盪的社會過程,限縮平權法案的適用範圍,究竟是福?還是禍呢?倒是川普前總統跟川粉的開心雀躍,偉大的一天,淒厲笑聲迴盪。
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