One hates to admit that a portion of the news is
completely opaque. Try as I might, I
simply could not understand from the media what had happened at the Supreme
Court this past week regarding affirmative action in Michigan. Probably because those people reporting
perhaps didn’t understand it either! What
I understood, perhaps incorrectly, was that the majority of the Supreme Court
believed that if the people voted in a law, or voted out an existing law,
unconstitutional as that law is or was, it must stand. That the people had spoken, and this took
precedence.
Consequently I located Justice Sotomayor’s minority
rebuttal and read that. This rebuttal
was magnificent in its ordering of the history of cases in this country regarding
the ways in which the white (or Anglo) majority in this country had tried its
very, very best in the past to prevent minorities from having even the most
basic of civil rights, from a good education up to and including voting. Case after case, with the majority of these
laws, ordinances and policies being declared unconstitutional under the 14th
and 15th Amendments to the Bill of Rights progress was made at a
snail’s pace to protect all of the citizens of these United States. These two amendments read:
14. No state shall make or
enforce any law which shall abridge the privilege or immunities of citizens of
the United States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the law; nor deny to any person within its jurisdiction
the equal protection of the laws…
15. The right of citizens of the
United States to vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous condition of servitude…
What the Supreme Court this week did was deprive minorities
in Michigan due process of law. This case
involves this last chapter of discrimination:
After a century
of being shut out of Michigan’s institutions of higher education, racial
minorities in Michigan had succeeded in persuading the elected board
representatives to adopt admissions policies that took into account the
benefits of racial diversity. The members of those boards are nominated by
political parties and elected by the citizenry in statewide elections. After
over a century of being shut out of Michigan’s institutions of higher
education, racial minorities in Michigan had succeeded in persuading the
elected board representatives to adopt admissions policies that took into
account the benefits of racial diversity.”
Justice Sotomayor.
Justice Sotomayor goes on that what the Supreme Court did was to
deny minorities due process. She
explains:
“The effect of §26 is that a white graduate
of a public Michigan university who wishes to pass his historical privilege on
to his children may freely lobby the board of that university in favor of an
expanded legacy admissions policy, whereas a black Michigander who was denied
the opportunity to attend that very university cannot lobby the board in favor
of a policy that might give his children a chance that he never had and that
they might never have absent that policy”.
Now a minority Michigander must change the Michigan Constitution
in order to challenge the admission policy.
Race has become the defining entity that determines whether an admission
policy is valid or not. A white
Michigander can lobby the Board of Regents for a change of policy. A black, and presumably brown, Michigander
must change the Michigan Constitution to change the policy. This is a blatant denial of minorities’ right
of due process. Although this is a
Michigan problem right now, it sloshes over into California’s UC admission
policies as well, but this thing in Michigan, in my opinion, is much more
blatant and cause for concern.
Since we have four daughters, two granddaughters, and three great
granddaughters, the Republican efforts to roll back all of the successes women
have achieved over the past 40 years really rankles with me. I have lived through all of the various
cultural attitudes toward women that have been prevalent from rape to subtle
denigration over these 80+ years, and I do not want to go back to those times
myself, nor do I want our progeny to have to live through them. Even in the past 15 years or so I have
experienced subtle denigration over gender from overt comments to some men
thinking they had the right to give me less than welcome hugs. This will, in time, wear out as new
generations come into being, but let’s project into the future a bit. Although I hate speculation in the news, it
is good to occasionally do it on issues because that is where our understanding
of “what is afoot” comes from.
Let’s suppose the Michigan decision is allowed to stand and
minorities are denied the right to question admission policies. Other universities in other states can now go
the same route. If enough of them get
away with it, then state propositions to deny LBGT people the right to lobby
admission policies, and be required to change the state’s constitutions are a possibility.
Or, hey, let’s go after the 19th Amendment:
19. The rights of citizens of the United States
to vote shall not be denied or abridged by the United States or by any State on
account of sex.
You think this is farfetched? I was denied the right to attend San Luis
Obispo’s public college, California Polytechnic (Cal Poly) back in the late ‘40’s
and early ‘50’s because I was female. And
don’t think this couldn’t happen again. The
attitude of we’ve got to keep those women from being educated is right under
the surface. They only introduce
emotionalism into politics, and present a sexual diversion into the important
decision making required of us white men.
Yuk!!!