M artin L uther K ing J r . January 13, 2016 2016 special edition Opinion articles do not necessarily represent the views of the Portland Observer. We welcome reader essays, photos and story ideas. Submit to news@portlandobserver.com. O PINION Students of Color Belong in Top Schools For us, the civil rights struggle continues by i ván e sPinoza -M adrigal Black people don’t belong in top schools - that’s what I heard from Supreme Court Justice Antonin Sca- lia during oral argu- ment in the high-profile Fisher v. University of Texas case. As a gay Latino who arrived in this country when I was nine years old and who was raised by a sin- gle mother in a low-income im- migrant community, I’ve heard similar disparaging comments throughout my academic and pro- fessional life. Never mind that I graduated at the top of my class from high school, college and law school. As a civil rights attorney, I know that Justice Scalia is wrong, and I helped to prove it in a Supreme Court brief filed by my organization, the Law- yers’ Committee for Civil Rights and Economic Justice, on behalf of leading scholars who have, through rigorous empirical stud- ies, debunked the so-called “mis- match theory.” This is the idea, voiced by Jus- tice Scalia, that affirmative action is harmful to students of color because they don’t belong in top schools. This idea is not just legally and scien- tifically wrong, it’s also misguided and danger- ous. Justice Scalia essen- tially said that black stu- dents - and by extension other people of color - are inherently less qual- ified and capable than whites. People who look like me are, somehow, less able to withstand rigorous academic pressure. Con- versely, Justice Scalia implies that white students are inherent- ly more able, more capable, and more deserving. This racial dichotomy and hi- erarchy - rooted in purported in- herent differences between races - helped legitimize slavery and segregation. Under this view of race, it shouldn’t even be separate but equal - it should be separate and unequal. These preconcep- tions and stereotypes are precise- ly what civil rights attorneys have been fighting even before Brown v. Board of Education. It’s what my organization fought for when we desegregated Boston’s public schools, and it’s what we contin- ue to fight for today. In the aftermath of police vio- lence in Ferguson, Mo., students of all races in colleges across the country have been calling for greater diversity and inclusion. The natural extension of Justice Scalia’s comments on race is that the experiences of students of color on campus don’t matter and that their alienation and mar- ginalization on campus is justi- fied. After all, if students of col- or don’t belong on campus, then why should they be made to feel welcome? The notions underlying the so-called “mismatch theory” are paternalistic. They are racism masked as benevolence. Propo- nents of such theories pretend to be looking out for the best inter- ests of students of color. In re- ality, they are taking away our choice and our capacity to make our own decisions. A logical extension of Justice Scalia’s argument is that profes- sionals of color - the presumed beneficiaries of affirmative action - are unqualified. In arguing that students of color don’t belong in top schools, Justice Scalia sug- gests that neither Justice Clar- ence Thomas nor Justice Sonia Sotomayor should have attended Yale Law School, and that they should not be his peers. But Jus- tice Scalia - and opponents of di- versity - don’t call into question the qualifications of the children of wealthy alumni who are ad- mitted under legacy admissions programs. There is no national movement to send them to “slow- er” schools. This creates a strong impression that certain colleges - and the opportunities they afford - should be exclusively reserved for whites. I believe strongly and unequiv- ocally that colleges and univer- sities must retain the ability to consider race as one of many fac- tors in creating a diverse student body. And I know that, when stu- dents from different walks of life learn with and from each other, they are better prepared for suc- cess in our increasingly diverse and interconnected world. The benefits that flow from diversity don’t change based on the caliber of the school. We should be pro- moting diversity, not quashing it. So let’s set the record straight, people of color belong in all schools, including top colleges, and we belong on the Supreme Court, in corporate boardrooms, and wherever else opportuni- ty exists. For all of us, the civil rights struggle continues. Iván Espinoza-Madrigal is the executive director of the Lawyers’ Committee for Civil Rights and Economic Justice. Supreme Court Rehearing Affirmative Action Here we go again! K evin l. a ntoine Every few years the U.S. Supreme revisits the issue of admitting African Americans and other under-represent- ed groups into college. This issue goes by many names, equal opportunity, affirmative ac- tion, diversity, inclusion, and most recently holistic admission. The court has let stand the prac- tice of colleges using many factors when reviewing the credentials of students applying for admission. These factors include, gender, ge- ography, family income, disabil- ity, gender identity, LGBT, mil- itary status, language spoken at home and race just to name some of them. However the only factor that ends up in a lawsuit is when a white applicant is denied admis- sion over race, more specifically, the race of an African American by student that was admitted. I can- not think of any affirmative action lawsuits where a white applicant that was de- nied admission because the college admitted an- other student who was a military veteran, or gender identity, or dis- ability. No other population in America is so heavily burdened with the task of enjoying life, lib- erty, and the pursuit of happiness than African Americans. This historical burden stems all the way back to 1776, the birth of the nation when white colonists won their freedom from Great Britain, but denied freedom to their Afri- can slaves. In 1807 America abol- ished the international slave trade, however the institution of slavery continued in America for another 58 years. It took a Civil War, pas- sage of the 13th amendment, and the assassination of a president to end slavery in America. After passage of the 13th Amendment, the newly freed population, though free, could not read or write, had no schools, housing or healthcare. The great emancipator Abraham Lincoln established the Freedmen’s Bu- reau, the first federal government office with oversight of educa- tion, housing, employment and healthcare. These programs exist today as agencies in the executive branch of the federal government (The Departments of Education, Housing, Labor, Health and Hu- man Services). Though first estab- lished to help African Americans, these federal agencies now assist all Americans. By 1876, reconstruction ended with the election of Rutherford B Hayes as president. Hayes granted former confederates the right to hold political offices in the south. In short order southern states be- gan to turn back the clock on all of the equal opportunities afforded African Americans under recon- struction. Sound familiar. Here we go again! One hundred years after Pres- ident Lincoln issued the Eman- cipation Proclamation, President Kennedy sent his civil rights bill to the Congress. It took a civil rights movement and the assassi- nation of a president to pass the Civil Rights Act of 1964. Sound familiar? Here we go again! In the Fisher v. the University of Texas Law School at Austin case, the Supreme Court will decide if race can continue to be one of many factors colleges can consid- er when reviewing student appli- cations for admissions. Here’s the rub. For centuries in America, the law made it unlawful for a “whole race of people,” African Ameri- cans, to go to school, to learn, to read, to write, add and subtract. Now once again the law will de- cide whether race is a factor for keeping African Americans from obtaining a college education. Here we go again! Kevin L. Antoine, JD is a col- lege professor and legislative director for the American Asso- ciation for Access Equity and Di- versity. 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