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Column: Since when is integration unconstitutional?

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Sarah Pfander

SARAH PFANDER
Gargoyle assistant editor
Posted Thursday, Dec. 7, 2006
Opinions

IN LOUISVILLE and Seattle, where parents have numerous options regarding the public school their child attends, a race-conscious enrollment system seems to be functioning well.

Rather than having parents scramble to get their child into the “best” school in the area, each home is assigned a block of possible schools. From that block, families pick their top choices. The school board then divides students up based on those top choices, but the board also keeps in mind the need for racial integration and socioeconomic diversity. Based on this system, 90 percent of families get their first choice, and most people are happy with the results.

However, Crystal Meredith, a white Louisville woman whose son didn't get into his mother's first-choice school, decided that the system is unfair. Rejection from a year-round school that she applied to five weeks late resulted in Meredith's son being assigned to another school in their block.

But Meredith wanted her son to go to a school closer to home and requested a transfer. This request was denied; the school board cited “adverse effects on desegregation compliance.” According to Meredith, school districts should divide children into schools without taking race into account, a color-blind system if you will.

The Louisville case, along with a similar one from Seattle, has now reached the U.S. Supreme Court, where justices will examine the constitutionality of racial balancing and decide what steps school boards can use to maintain diversity.

So, is this an actual issue, or one woman's bitter revenge on a school system that failed to give her and her child superior status? This woman is unable to distinguish between achieving racial diversity and discriminating based on race.

There happens to be a large difference. To say that a child cannot attend a school because admissions is already full and he or she would tip the quotas is fair. An integrated atmosphere provides a good learning environment for everybody. A very integrated atmosphere does an even better job. Minorities should not be such a minority that the students feel left out, excluded, or unsupported.

The Louisville school system even has an entire multicultural statement regarding the advantages of a diverse educational environment. According to the statement:

Education that is multicultural fosters:

(1) intergroup understanding, awareness, and appreciation by students and staff of diverse ethnic, cultural, and linguistic groups …;
(2) positive attitudes toward cultural diversity, especially in early grades by dispelling misconceptions, stereotypes, and negative beliefs about themselves and others;
(3) dialogue about the impact of racism and other barriers to acceptance of our common humanity;
(4) development of positive, productive interaction among people and experiences of diverse cultural groups;
(5) understanding of historical, political, and economic bases of current inequities.

Thus, a diverse, multicultural atmosphere is clearly a positive asset and a worthwhile goal.

On the other hand, excluding students based on their race is a completely different phenomenon. Saying to a person, you cannot attend this school because you are white is not the same as saying you cannot attend this school because we don't have any more room for white students.

Admittedly it is a fine line. But while there may be valid complaints regarding the race-conscious enrollment system, it is hard to believe that a few unhappy white families have legitimate grievances.

First of all, these children who don't get into their first-choice school will, regardless, have a shot at success. Being white automatically affords them certain advantages, and while they may not necessarily become billionaires on account of their race, they will at least have an easier time at it than an oppressed minority.

Second of all, why should any Caucasian resent a minority student at a better school? If the whites hadn't oppressed so many minorities, shoved them into slummy neighborhoods and reservations, decreased their chances of getting a good education, and all together put them at a disadvantage, then the modern world wouldn't need race-conscious enrollment systems to repair these damages. If the dominant majority had not created racism, there would be no need to fight segregation now.

A report on the widening gap between blacks and whites says, “Whatever the causes of black-white gaps in educational achievement, the perpetuation of a large portion of these gaps throughout elementary and secondary school leaves blacks at a relative disadvantage as they prepare for college and/or the labor market.”

Knowing that these gaps exist, how can we say that an African American, or any minority at a school, doesn't deserve to be there? Shouldn't we be trying to give all minorities a better education with the hopes of lessening this achievement gap and thus leveling the playing field later in life?

Racial issues are very sensitive, and I don't want to come off as taking them lightly. There are more subtleties to the issue; one can't dismiss all the grievances of white people. But saying that we need to address the constitutionality of racial balancing is like saying we need to question the constitutionality of eating ice cream. Some people may get sick when they eat ice cream, and others may just not like it, but it improves the quality of life for so many that it is hard to complain about it.

Who has the right to complain about racial balancing? The 10 percent who don't get their first-choice school? Why should that small number affect an entire school district that has been working well?

However, even scarier for me is the idea that Supreme Court justices are actually taking this case seriously. Not only taking it seriously, but actually considering enforcing a school enrollment system that is color blind.

“I thought that was one of the absolute restrictions, that you cannot judge and classify people on the basis of race,” said Justice Antonin Scalia.

So what does Scalia suggest? We return to a school system in which diversity is not a priority, and thus segregation happens all over again? Our society is not so perfect that we would maintain complete integration if school boards and admissions committees weren't allowed to work at it. A school board could not possibly know whether it was maintaining diversity if the members didn't know the race of the students. No one would know whether one school was actually filled with whites and another school with minorities.

It is unfortunate that racism has been so institutionalized. It is unfortunate that white flight, the exodus of Caucasians from a neighborhood as soon as blacks move in, is still a problem. But these are issues that need to be addressed. Only an ignorant person would suggest our society has been so well healed from years of discrimination that race-conscious enrollment problems are not still necessary.

RELATED

— New York Times coverage: Court Reviews Race as Factor in School Plans

— Supreme Court case docket: Meredith v. Jefferson County Board of Education

— Supreme Court case docket: Parents Involved in Community Schools v. Seattle School District

Comments

I could be wrong, but on a smaller scale, isn't something similar taking place, at least in Champaign, with the elementary schools? When we first moved here, we found out that you have to select your top 3 elementary schools and you would have to be accepted into them because they were trying to even out racial concentrations due to one mother's complaints. As a consequence, my brother goes to a school that is nearly all the way across town when there is one a mere 5 minutes from our house.

Diversity not being a priority doesn't mean that segregation will happen all over again. Indeed, the end of state segregation back in the 60s had little to do with the establishment of diversity and multiculturalism as we think of it today. Integration is not unconstitutional. However, state-sponsored racism, whether towards a minority or a majority, is (of course, such blanket statements will get me in trouble--the law is tricky on this one, as evidenced by the affirmative action debate). It really shouldn't be that scary that the Supreme Court is taking this case seriously, as there's been precedent for cases like this in the past. -Ben

What about the case in Hawaii? I didn't include it in the column because it is only superficially similar, but in Hawaii native children are automatically accepted into the private school system. However, other students not of Hawaiian origin must apply and most don't get in. Why is that racial enrollment system upheld while the ones in Louisville are being questioned? It seems to me that the Hawaiian system stands as a much larger example of "state-sponsored racism." The Louisville system just attempts to maintain diversity, an honorable goal in my mind.

The Hawaiian issue is an interesting one because their identification and rights are much different than that of other American Indians and racial minorities. In the 2000 Supreme Court case Rice v. Cayetano, thee Court ruled that the Native Hawaiians could not try to exclude non-Native Hawaiians from factions of their government. The context is that Hawaii's annexation was a questionable political act, laying the groundwork for resistance to the new rule. Hawaii was not initiated as a State until fairly recently, and because of that the Native Hawaiians are not recognized as a American Indian tribe. The significance of being a Native American Tribe is it gives them the right to soverignty and self-governance which includes taking care of their own people as they see fit, inluding education or scholorships for example. Anyway, because of the freshness of their rule in the memories of the people, the questionable way it was taken, and many other issues... The Native Hawaiians do not want Soverignty, but complete Independance from the US, or control of governing their land as more than just a "soverign" nation. So in the context of that case from 2000, the government continues to deny their claim to independance or more control over their government, and because they are not a tribe, there are few benefits for the Native Hawaiian People in place, except for those put force by the state government, which is many times sympathetic. So it is an interesting thought that their aid to Native Hawaiian school children is making up for the needs that are not being met by the tribal or federal governments. All in all, Im not suprised that they are getting special treatment, because they are a very special situation. Sory if that was incoherant, its a VERY complicated issue. Let me know if any of you want to know more.... I have info.

im tired of people blaming white people for minorities being poor. not all minorities are poor, those who work hard and get a good education can become wealthy regardless of their race or social status

good artcle sarah

Isaac, the point is not whether it is white people's fault for the current situation of certain racial minorities, it is that there is a sociatal system of racial privlidge that is working constantly to benefit White people, and therefore the loss of racial minorities. The problem, then, is not that White people are actively doing anything to hurt racial minorities, but that they stand by and benefit from the system, without using their power to conteract the system. And since action is needed to stop the system, a more relevant point is that it is not White people's fault that the system is the way that it is, but it is everybody's fault if it's not changing.

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