September 2010

Arizona flag

Who would have imagined, in their wildest daydreams, that a mainstream publication like the Arizona Republic would editorialize against racial preferences and for Proposition 107, the “controversial” measure that would bar the state from discriminating against or granting preferences to individuals or groups in public employment, contracting, and education, based on race?

I would not have imagined such a thing. But it’s reality, not a dream.

Affirmative action was a catch-up plan, adding extra opportunity where it had been missing in education and the workplace. The time was going to come when affirmative action was no longer necessary. That time is now.

Voters should approve Proposition 107, which would amend the Arizona Constitution to ban affirmative-action programs in public employment, public education or public contracting.

Affirmative action has reached the point where its drawbacks outweigh its advantages. We need to stop putting a well-intended thumb on the scale.

Setting exact quotas for minorities and women in every category of job – as has been done at some universities – is just ludicrous.

Minorities and women can find that their achievements are shadowed by the assumption that they got an extra leg up through affirmative action.

Our changing world means that the group benefiting from affirmative action can suddenly change. While public universities used to make an effort to include women, the enrollment ratios have reversed so much that some are now discriminating in favor of men.

The last presidential election showed that being an African-American is no barrier to reaching the pinnacle of power in the United States.

The best way to make sure every Arizonan has access to a level playing field is to get rid of affirmative action with a “yes” vote on Proposition 107.

That’s not an excerpt. That’s the whole, short, sweet, to-the-point, 221-word thing. If only common sense were more common…

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Why would a race-neutral admissions policy discourage racial minorities from applying to the University of Arizona (UA)?

UA president Robert Shelton thinks Proposition 107, which would bar the state from discriminating against or granting preferences to individuals or groups in employment, education, and contracting based on race, would do just that.

Shelton said, presumably with a straight face, that a law prohibiting racial discrimination would scare off minorities. I’m trying to wrap my head around this idea. The only way it makes sense is if Shelton’s admitting that his school lowers standards for racial minority applicants. On that note, he might be correct. If a black student with mediocre grades and scores knows his skin color won’t help him get in, he might not apply.

A black student with the requisite grades and scores, however, might welcome the challenge of competing with everyone in the applicant pool, and not just members of his own race.

Jennifer Gratz, of the American Civil Rights Institute, linked to the Arizona Daily Star article on Facebook and mentioned the University of Michigan’s president Mary Sue Coleman, who vowed to continue lowering standards for minority students, despite the state’s ban on racial preferences. She and Sheldon think alike.

The Center for Equal Opportunity‘s Roger Clegg wrote a National Review article on the extent of lowered standards in college admissions in Michigan. An excerpt:

Undergraduate Admissions
It is noteworthy that race and ethnicity are apparently more heavily weighted in undergraduate admissions now than in the system declared unconstitutional by the Supreme Court in 2003.

In the most recent year for which data were available (2005), the median black admittee’s SAT score was 1160, versus 1260 for Hispanics, 1350 for whites, and 1400 for Asians. High-school GPAs were 3.4 for the median black, 3.6 for Hispanics, 3.8 for Asians, and 3.9 for whites.

In the four years analyzed, UM rejected over 8,000 Hispanics, Asians, and whites who had higher SAT or ACT scores and GPAs than the median black admittee–including nearly 2700 students in 2005 alone.

The black-to-white odds ratio for 2005 was 70 to 1 among students taking the SAT, and 63 to 1 for students taking the ACT. (To put this in perspective, the odds ratio for nonsmokers versus smokers dying from lung cancer is only 14 to 1.)

In terms of probability of admissions in 2005, black and Hispanic students with a 1240 SAT and a 3.2 high school GPA, for instance, had a 9 out of 10 chance of admissions, while whites and Asians in this group had only a 1 out of 10 chance.

These disparities are reflected in subsequent academic performance at the University of Michigan, where blacks and Hispanics earn lower grades, and are less likely to be in the honors program and more likely to be on academic probation than whites and Asians.

Law-School Admissions
Black admittees had lower LSAT scores and undergraduate GPAs than the other three ethnic groups. Whites and Asians had the highest LSATs and grades (whites’ grades were slightly higher than Asians’); Hispanics’ were higher than blacks but lower than whites and Asians.

During the four years for which we received data, 4415 Hispanic, Asian, and white students who earned higher undergraduate GPAs and scored higher on their LSATs than the median black admittee were nonetheless rejected.

The odds ratio favoring black applicants over whites was 18 to 1 in 2005, the most recent year for which data were available. Again, recall that the smoker-dying-from-lung-cancer versus nonsmoker-dying-from-lung-cancer odds ratio is only 14 to 1.

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Arizona’s Proposition 107 Makes Ballot

by lbarber on 09/27/2010

in AzCRI

Great news on the racial neutrality front. Arizona’s Proposition 107 will appear on the November ballot.

Voters in the Grand Canyon State will decide whether to allow their government to continue discriminating against or granting preferences to individuals or groups in employment, education, and contracting based on race. From the Arizona Daily Sun:

Ward Connerly has carved a career, and a reputation, out of striking down affirmative action, starting with university programs in his home state of California. Now Connerly and his American Civil Rights Institute are bringing the fight to Arizona.

Proposition 107 seeks to amend the Arizona Constitution to ban state government and municipalities from giving preferential treatment on the basis of sex, race, color, ethnicity or national origin. This includes everything from state-funded programs that help women and minorities in areas where there is a disparity, such as science education, to hiring quotas in the state university system.

The programs are designed to correct inequities in gender or race, but Connerly thinks they’re just another form of discrimination.

“Why should anybody’s tax money be used to discriminate?” he said. “I wouldn’t want anyone discriminating against me.”

I can wish until the sun falls from the sky that reporters cease using the euphemism “affirmative action,” when racial preferences are the subject.

The American Civil Rights Institute (ACRI) is not opposed to the government casting a wider net to include more qualified racial minorities in the hiring or admissions pool. ACRI opposes the government making race a job or admissions qualification. ACRI believes government law and policy should be colorblind. ACRI advocates racial neutrality in government. ACRI believes no one should face discrimination on account of his skin color.

Let’s hope a majority of Arizona voters agrees!

Related post and article:

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Two major differences between legacy preferences and racial preferences are: 1) legacy preferences are racially neutral, although they might have a disparate impact on certain racial minorities; 2) the former are legal. Granting special treatment to children of alumni isn’t illegal; discriminating against individuals based on skin color is illegal.

Richard D. Kahlenberg of the Century Foundation edited a new book titled, Affirmative Action for the Rich, which tracks the history of legacy preferences in college admissions. He believes it’s time for legacy admissions to die. I agree. An excerpt from Inside Higher Ed:

[Kahlenberg] noted, and chapters of the book document, that the highly competitive nature of elite college admissions has focused scrutiny on why applicants are or are not admitted. Further, the elimination of affirmative action in several states (a shift Kahlenberg expects to spread), he says, makes it “hard to justify alumni preferences when you have gotten rid of help for minorities. Finally, he noted, “we are going through a populist moment in this country, where there is anger at illegitimate preferences or unfair advantages for wealthy people, and it seems to me that this issue is one that’s plainly unfair and Americans get that.”

The book offers legal reasons — such as those argued in two law review articles in 2008 — why alumni favoritism may be vulnerable to legal challenges.

Commenting on the article, the Center for Equal Opportunity‘s Roger Clegg said he believes legacy preferences should be abolished, at least in government-supported schools; however, he added that it’s wrong to argue that legacy preferences justify race-based admissions.

For example, some racial preferences proponents assert that since legacy preferences exist and tend to benefit white and Asian applicants, racial minority preferences should exist to balance things out. Clegg responds to this assertion in a 2003 article he wrote on the topic (emphasis added):

[T]he overwhelming majority of white and Asian applicants to any school are not children of alumni, so giving a preference to other groups simply results in double discrimination against most applicants, who are neither legacies nor the right skin color (it also would give a double preference to blacks and Latinos who happen to be legacies).

But, the objection continues, whites and Asians are more likely to have parents who are alumni from somewhere, and blacks and Latinos are more likely to have parents who are alumni from nowhere, so the net effect of legacy preferences is to help whites and Asians get in somewhere — assuming all schools have them — so why not counterbalance this?

But the logical counterbalance in this case would be a preference to all students for whom neither parent went to college. Why assume that all whites and Asians have a parent who is an alumnus, and that no blacks and Latinos do? Besides, a student may have strong and legitimate reasons for wanting to go to, say, the University of Michigan rather than his father’s alma mater at Mesa State in Colorado, and it’s not at all clear why the preference he might get at the latter — but doesn’t want — should justify racial discrimination against him at the former.

The focal point of all of these discussions should be what’s fair to the individual, regardless of how much money his parents make or whether his ancestors were slaves. Fueling the continuing cycle of government racial discrimination are disparities between the races. But it’s neither legal nor fair to penalize someone based on his race in order to bestow an advantage on another based on his race.

I tend to repeat myself on this blog, because these concepts are very simple. Regardless of the state of the country or present condition of certain racial groups, we the people must not allow our government to make decisions about people based on their membership in a racial group. Need you really ask why?

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health care reform billWould it surprise you to know the health care “reform” bill’s racial preferences provisions were never removed, despite the U.S. Commission on Civil Right’s advice that Congress do so?

An earlier version passed by the U.S. House of Representatives contained this language:

“In awarding grants or contracts under this section, the Secretary shall give preference to entities that have a demonstrated record of…Training individuals who are from underrepresented minority groups or disadvantaged backgrounds.”

This and similar provisions remained in the bill and became law along with the rest. Download the 974-page document in PDF.

Medical schools and other organizations that demonstrate a “record of training individuals who are from underrepresented minority groups or from a rural or disadvantaged background” will be given priority for federal funding. Since “rural or disadvantaged background” would include members of underrepresented minority groups, why make specific reference to these minority groups?

Proponents of race-based grant and contract awards contend that “underrepresented minority groups” attending medical school are more likely to work in “underserved” areas (read: black), and their presence might help reduce health care disparities. The Commission’s research disputed these claims. The Commission cited evidence that showed increasing access to high quality doctors of any color and improving overall quality of care would help reduce health care disparities more than eliminating racial disparities in the medical profession itself.

Essentially, the government is encouraging medical schools to lower standards to admit racial minorities, because these minorities will more likely choose to practice in areas with heavy black populations. The tacit assumption is that white and non-preferred minority doctors somehow discriminate against preferred minority patients; therefore, the government has provided an incentive to schools to balance things out. Sound silly? Yes, it does, but that is the rationale, stripped of its political correct jargon.

Diane Cohen, a lawyer with the Goldwater Institute, offers this:

“Certainly, attracting talented people to medicine is a worthy goal. But individuals should not be singled out and given special benefits based on their race to reach that goal. Likewise, the Obama administration should not force hospitals and schools to recruit students based on race to obtain federal money.

“There is something we can do right here in Arizona to ensure equal treatment under the law. The Goldwater Institute is working in federal court to strike down the entire health care bill. Also, Arizona voters will consider Proposition 107 during the Nov. 2 general election. Called the Arizona Civil Rights Initiative, Prop. 107 offers an amendment to the state constitution that forbids race-based policies for any taxpayer-funded agency or program. The citizens of Arizona have the power to say ‘yes’ to equal opportunity for all Arizonans, and ‘no’ to unfair and unlawful policies that focus on anyone’s race or ethnic background.”

One day, when the government decides to step up its preferential treatment of the growing Hispanic population, perhaps even liberal blacks will understand why racial neutrality in government is the best practice.

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NYC Rejects Judge’s Race-Based Hiring Proposals

September 21, 2010

Last week I blogged about the New York Daily News‘s editorial about the continuing FDNY/disparate impact case. Judge Nicholas Garaufis ruled that FDNY discriminated against black and Hispanic applicants by requiring them to take a recruitment exam on which they generally scored lower than white applicants. Among the judge’s proposals intended to rectify the “discrimination” [...]

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Roger Clegg on Arizona’s Proposition 107

September 21, 2010

The Center For Equal Opportunity‘s Roger Clegg, blogging at National Review Online’s The Corner, writes: “Glad to see John Hood’s helpful list, and especially happy to see the Arizona Civil Rights Initiative on that list. Proposition 107 will ban discrimination and preferences on the basis of race, ethnicity, and sex in state and local contracting, [...]

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U.S. Commission on Civil Rights Racial Disparities Panel

September 15, 2010

Yesterday, the U.S. Commission on Civil Rights held a panel discussion about race and racial disparities titled, “A New Era: Defining Civil Rights in the 21st Century.” Speakers included the Center for Equal Opportunity‘s Roger Clegg, a frequent subject on the ACRI blog; Heather Mac Donald, who writes for the City Journal; and columnist William [...]

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NY Daily News on FDNY Racial Quotas

September 15, 2010

Three years ago, President George W. Bush’s Department of Justice filed suit against the New York City Fire Department (FDNY) for violating the Civil Rights Act, alleging that two pass-fail written exams and the rank ordering process disparately impacted minorities and weren’t job-related or consistent with business necessity. Last summer, Brooklyn federal judge Nicholas Garaufis [...]

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Peter Wood and Ashley Thorne on VA Tech Diversity

September 9, 2010

From the National Association of Scholars: “Thanks to the diligent reporting of an Argus volunteer, we have an update on the latest efforts to enforce ‘diversity’ on faculty members at Virginia Tech. Before we get to Virginia Tech, however, let’s survey the larger reasons why in September 2010 we are still talking about the effort [...]

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