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Nebraska Bars Use of Race in Admissions

November 5, 2008

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Nebraska on Tuesday became the fourth state to ban the consideration of race in admissions decisions by public colleges and universities. California, Washington State and Michigan have previously approved such bans.

With more than 90 percent of votes counted in unofficial results, 58 percent of Nebraska voters were backing the ban. A similar measure in Colorado was narrowly behind, with 86 percent of the vote counted early Wednesday and without a clear indication of the final outcome.

Even if Colorado also bans the consideration of race, the 2008 elections will end up inflicting a lesser blow to affirmative action than many originally believed would be the case. Ward Connerly, the anti-affirmative action activist who led the fight against the consideration of race in California and then took his campaign national, had hoped Tuesday would be a "super Tuesday" for his movement -- and at one point planned for referendums to take place in Arizona, Missouri and Oklahoma in addition to Colorado and Nebraska. But difficulties with getting petitions on the ballot led to defeats for his effort before the measures could go before voters -- and that's crucial because, when given the chance, voters have tended to approve such measures.

Educators in Nebraska and Colorado -- as have educators in the other states that have passed these measures -- warned that passage would make it more difficult to recruit and retain diverse student bodies.

Advocates for affirmative action and for curbing affirmative action split as expected on Tuesday's results.

"We had terrific success this year in keeping it off the ballot in three states," said ReNee Dunman, director of equal opportunity and affirmative action at Old Dominion University and president of the American Association for Affirmative Action. She said that state activists were growing more aware of the "deceptive tactics" used to promote such referendums -- and were giving ballot petitions more scrutiny.

While the Nebraska vote will "squelch opportunity," she said that 2008 was overall a successful one for those defending affirmative action.

Roger Clegg, president of the Center for Equal Opportunity, which opposes the consideration of race in admissions, said he sees the Nebraska vote as one more step in doing away with preferences. "I don't think very many people want there to be these kinds of preferences indefinitely and the sooner we can get rid of them the better," he said.

He said every additional state to bar the consideration of race is significant. Part of the legal defense of considering race involves public colleges saying that they have no alternative ways to promote diversity. As more states eliminate the consideration of race -- and many of them find ways to still have diverse classes -- "How plausible is it" to make that claim? Clegg asked.

Clegg also asserted that the election of Barack Obama as president of the United States shows not only that the country is making racial progress but that "preferences based on race, ethnicity and sex are quickly dying, and that's a good thing for the country."

Dunman disagreed. "The fact that the nation has elected the first African American president clearly shows we have made tremendous progress," she said, but "we have a long way to go." If people point to Obama's success to say nothing more needs to be done, that would be "tokenism" at a time that "we need to be keeping all the doors open for more people," she said.

The debate over affirmative action in Nebraska was in some ways quieter than the debates that took place before votes in California and Michigan, states that are more racially diverse and where undergraduate admissions to flagship universities are highly competitive. But the University of Nebraska Board of Regents came out against the ban. Student supporters of affirmative action organized protests. And Clegg's group issued a report suggesting that admissions standards at the university's law school gave significant and unfair preferences to minority applicants -- a conclusion disputed by law school officials.

Polling in Colorado had indicated strong support for the proposed ban. The University of Colorado conducted a review of its programs and determined that many would need to be modified to comply with a ban.

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Comments on Nebraska Bars Use of Race in Admissions

  • Posted by Roger Clegg , President and General Counsel at Center for Equal Opportunity on November 5, 2008 at 8:20am EST
  • RE: "Clegg’s group issued a report suggesting that admissions standards at the university’s law school gave significant and unfair preferences to minority applicants — a conclusion disputed by law school officials." The law school officials may dispute that the preferences are "unfair," but they don't dispute that preferences on the basis of race are given.

  • Race-Based (Fill in the Blank)
  • Posted by DFS on November 5, 2008 at 4:45pm EST
  • I think now that many will believe we are finally done with that -- the laws now are sufficient, and the pendulum may come to a rest at its point of equilibrium.

    We now have a president-elect who is a racial minority, and it's about time for that.

    Therefore it's about time that we stop legally discriminating based on race.

    Next -- why don't we pursue the gender issue?

  • Let's Be Fair
  • Posted by Pat on November 6, 2008 at 3:45pm EST
  • I work at a university that has almost 40% of minority groups in attendance. This is a great representation of individuals on our campus. I have noticed however more students calling themselves multi-cultural, coming from mixed families of asian/black, latino/white, latino/black, black/white, etc. Are we addressing the multi-cultural aspect of our culture in the current affirmative action standards? When does claiming ourselves a particular race get convoluted in a multi-national category? Do the majority of admissions offices have a category for multi-national?
    I once asked a student who was from a mixed race family, which culture she identified with more? She replied that in her family she relates to both, however in the outside world it depended on which culture she felt the need to push forward. She admitted if she was applying for a scholarship she might say she was "X' race if she was sure that would help her get it.

    So does identifying with a particular race make you more that identity? How are the current affirmative action policies in place weeding through the multitude of applications claiming a minority affiliation? I am old enough to remember when some colleges/universities demanded proof that you were at least 50% of American Indian decent to apply for that status.

    Do current affirmative action policies still confer such scrutiny on an applicant? I feel affirmative action served us well as a nation, but now we need to look at a new approach as we introduce more cultures to our country. Last time I looked my university did not have a category for someone of arabic decent. And I don't think the category of "non-white" is a fair assessment of who I am...