The Diversity Research-To-Practice Gap: Backlash to Fisher Case

A new paper titled “Bridging the Research to Practice Gap: Achieving Mission-Driven Diversity and Inclusion Goals” by Teresa Taylor, Jeffrey Milem, and Arthur Coleman, seeks to link research findings on diversity with policy implications for colleges and universities. While a valuable effort, the paper appears confusing in terms of the policy implications resulting from the Supreme Court’s decision on affirmative action in admissions in the Fisher v. University of Texas (2013) case. In 2013, a conservative US Supreme Court ruled on the claim of “reverse discrimination” by Abigail Fisher, a white undergraduate who had applied to UT and not been accepted. Edward Blum, a wealthy conservative entrepreneur, actively recruited Fisher through his one-person organization, the Project on Fair Representation, an organization that has also challenged the Voting Rights Act.

The new research paper does acknowledge the issues arising from Fisher in terms of the need for evidence-based justification for the use of race-sensitive factors in the admissions process. It identifies two issues deriving from the Fisher case as

(1) the relationship between the ‘necessity’ of race-conscious practices and the availability and effectiveness of race-neutral alternatives, and (2) the relationship between race-conscious practices and their impact on the achievement of diversity-based educational goal (p.3).

Yet while the paper identifies the dilemmas debated in Fisher, it does not clearly identify the narrow limits within which the Supreme Court has determined that race-conscious practices can be used. The paper states that

research has confirmed that the use of race and ethnicity in the admission process can be an important tool for institutions to use to achieve their diversity goals because it lays a foundation for interactional interactions and campus climate” (p. 19).

Despite the positive impact of diversity on campus climate and cross-racial interactions as demonstrated in research findings, the Fisher case casts a long shadow over the future use of explicitly race-sensitive means to attain student body diversity.

As highlighted in Alvin Evans’ and my recent book: Affirmative Action at a Crossroads: Fisher and Forward, three of the most critical developments resulting from Fisher with implications for college and university admissions policies are:

1) the Supreme Court has moved from consideration of the value of diversity itself to the means colleges and universities use to attain it; 2) the reviewing court, not the university, “must ultimately be satisfied that no workable race-neutral alternatives would produce” the educational benefits of diversity (Fisher v. University of Texas); and 3) universities must first exhaust race-neutral measures before race-sensitive factors are considered. The necessity of race-conscious practices was not acknowledged by the Court and even if such practices might be considered, they require substantial proof that workable, race-neutral strategies have been exhausted. As a result, race-conscious strategies cannot be used easily and without substantial proof/justification.

One of the important factors in the UT Austin admissions policy that is not adequately clarified in the new research paper, is that 90 percent of the available seats at public institutions of higher education in Texas fall under the top ten percent plan (TTP). This plan that automatically admits high school students in the top ten percent of their class to public institutions of higher education in Texas was viewed by the Court and conservative think tanks as a “race-neutral plan.” Instead, the Court narrowly focused on the very modest 10 percent of the seats that are based on a holistic admissions review process which after 2004 allowed the consideration of race as a “special circumstance.” In 2013, the Supreme Court remanded the case to the Fifth Circuit for reconsideration of the use of race in the Personal Achievement Index employed for 10 percent of the entering class, and the Court of Appeals upheld UT Austin’s use of race. An appeal of the Fifth Circuit’s decision to the Supreme Court, once again sponsored by Blum, will result in a ruling likely to be issued in June.

Given this uncertainty, some caution needs to be applied to the findings of this new research paper confirming

that the use of race and ethnicity in the admission process can be an important tool for institutions to use to achieve their diversity goals because it lays a foundation for interracial interactions and campus climate (p. 19).

As noted in the paper, however, the institutional mission and the context for diversity are essential aspects of establishing the groundwork for diversity and inclusion policies. Viable means of achieving student body diversity also noted in the paper include recruitment and outreach to underrepresented groups, need-based financial aid, and scholarships based on first-generation or socio-economic status.

The future of race-conscious strategies in admissions processes hangs in the balance with lawsuits filed by the conservative Project on Fair Representation against Harvard University and the University of North Carolina at Chapel Hill. Given the death of Antonin Scalia and since Justice Elena Kagan has recused herself on the Fisher appeal, per Adam Liptak of the New York Times and others the ruling of the remaining seven justices on the Fisher case could be narrowly confined to the “idiosyncratic Texas plan” or broadly affect admissions policies nationwide.

One can only hope that greater leverage will be granted to colleges and universities in admissions policies that foster the attainment of more compositionally diverse campuses.

Gay Marriage and the Illusion of Equality

 

This week the U.S. Supreme Court will consider making marriage equality a reality for several same sex couples across the country. Despite this possibility, LGBT people of all backgrounds will still be fired from their jobs for being who they are, LGBT youth will continue to experience incredibly high rates of homelessness, and many LGBT people (and trans women of color in particular) will continue to face extremely high rates of violence and death. And to top things off, even if marriage equality does in fact become a reality, issues of racism, sexism, ageism, homophobia, and body shaming continue to further marginalize different groups of people in gay communities across the nation.

But none of this should come as a surprise to people who study race and racism in the U.S. Many groups have adopted the strategies and political maneuvering from the Civil Rights movement of the 60s as a means to gain political power in the U.S. while simultaneously engaging in anti-black activities. Gay communities are no different. For example, it is quite common for white gay establishments to deny entrance to Black gay men by asking for multiple ID’s, and to deny Black men access to leadership positions in gay organizations. Gay media such as magazines, films, and television often does not include men of color unless to discuss HIV/AIDS, and Black and Asian men are usually considered the least desirable as sexual and relationship partners. These realities alone should show us that LGBT communities are just as susceptible to racism as any other group.

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What is important to notice about this discussion though is not only who is preferred in sexual relationships among gay men, but why. Why is it that the research is showing time and time again that White men are more desired across all racial groups than any other? And why are we allowing gay White men to guide the direction of the gay civil rights movement when they are unwilling to even have this discussion about the isms and bigotry’s in our LGBT communities? It is time for us to do better, because once gay marriage passes, many gay Whites (especially many gay White men) will be happily married to each other, enjoying the privileges their Whiteness and maleness afford them while ignoring the plight the rest of us experience. Luckily some groups are fighting back and countering gay racism. If pages such  as sexualracismsex.com and the well-known Douchebags of Grindr are any indication, queer people of color are not going to drink the cool-aid much longer.

 

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Often times the most common manifestation of racism in gay communities is online through dating sites and apps such as Grindr, Jack’d and Scruff. On these sites it is quite common too see such signs as “no fats, fems, or Asians/Blacks” sprawled across profiles. This new form of gay racism has been difficult for people in LGBT communities to grapple with and understand. It is not uncommon for White gay men to claim that desiring only White lovers is no different than desiring only men, thus conflating biological arguments of sexual orientation with racist arguments of individual preference. Yet, if we contextualize these debates within the larger social structure of a systemic racist society, we can understand why Whiteness is most preferred in gay spaces, and Blackness least.

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As the above profiles from Grindr demonstrate, Blackness is associated with many other forms of social undesirability such as fatness, thinness, femininity, and oldness (to name a few). We can see that all these different things represent qualities gay men have come to despise such as being out of shape, being too old so as not to be the fresh new meat on the market as well as anything feminine, much of which is tied to internalized homophobia.

 

"No Dogs, Negroes, Mexicans" - Sign from Texas, ca 1940s

“No Dogs, Negroes, Mexicans” – “1942 DALLAS, TX”

They are also the antithesis of the young, fit, masculine, WHITE man, which can be understood as desirable when viewed through a lens of European White Patriarchy. It was not that long ago when Whites were using other signs to keep people of color out from social spaces and arguing that this was the “natural” order to things.

So, even if the Supreme Court overturns the state-level prohibitions on gay marriage and marriage equality does in fact become a reality across the U.S., many in the gay community will be celebrating but not everyone will be welcome at the party.

 

~ Guest blogger, Jesús Gregorio Smith, M.A., is a  Ph.D Candidate in Sociology and a Diversity Fellow at Texas A&M University. He is also President of the Hispanic/Latino Graduate Student Association.

Why Did Dean Kagan Preside Over a Whitened Harvard Law School?



A Salon article by four law professors of color raises very serious questions about Solicitor General Elena Kagan’s weak hiring record as the 11th Dean of Harvard Law School. There she presided over an extensive hiring program, but only one faculty member of color was hired:

Of these 32 tenured and tenure-track academic hires, only one was a minority. Of these 32, only seven were women. All this in the 21st Century.

She is rumored to be President Obama’s choice for the current Supreme Court vacancy. Whether that is true or not, she is in the final list. And her very weak commitment to diversity there at HLS, where she has significant power to bring diversity change, signals that the mostly white folks who seem to be advising the president on such critical matters are operating in a business as usual fashion. Placement of someone like her on the court will likely assist in its rightward movement.

A White Supremacist Century: Supreme Court as White Oligarchical Power



The recent Supreme Court ruling, Citizens United v Federal Elections Commission, which essentially forbids any restrictions on corporate financing of political candidates, has garnered much media attention this past week. Ostensibly, the ruling extends ridiculous precedents granting corporations status as persons and endowing them with accordant rights. Liberal commentators and politicians have rightly expressed outrage at the serious threat Citizens United poses to the last vestiges of American democracy. Most of the outrage has been on one or more of several grounds: Marxist/class-based, partisan, and/or politico-structural (i.e. how laws and the structure of federal and state governments will change as a consequence of corporate influence). Too little analysis has focused explicitly on the racial causes and implications of the ruling.

I believe the timing of this ruling is an intentional effort by white [male] elites to restore whites’ structural political advantages. For whites, Obama’s election and Latinos’ increased voting power threaten whites’ historical dominance. The ruling is designed to immediately weaken the currently ascendant political coalition of people of color and liberal whites. It is also sets the social, political, and economic conditions for whites to continue racial domination after they cease to be the numerical and electoral majority in the United States.

MSNBC noted the irony of the Supreme Courts’ ruling, which greatly empowers banks and other large financial institutions, coming down within hours of President Obama announcing proposals to reestablish limits on the nation’s largest banks. On its face, the timing of events appears to be either oddly coincidental or, more likely, the first shots in a war between two ruling sectors in the United States—the state and the capital class. But from a critical racial perspective, the Supreme Court ruling smacks of racism. Over the past three years, much was made about Obama’s ability to raise money through non-corporate vehicles. To be sure, he received much corporate support, but the rhetoric surrounding his campaign was a populist one, and the campaign greatly benefitted from “small” contributions from “regular people.” For the first time in many cycles, the Democratic candidate had a significant financial advantage over his Republican rivals. Obama effectively used that financial advantage to exhaust the resources of the McCain campaign. The Democrats held vulnerable territories without much challenge (e.g. Michigan) and won Republican-trending states (e.g. North Carolina and Virginia) via sustained (and expensive) media and grassroots efforts. This change in presidential campaign norms was all the more stunning given that it was done by the first Black candidate to lead the ticket of a major party.

Sociological research indicates that dominant groups (e.g. white policy-makers and Supreme Court justices) respond to threats (i.e. a Black man becoming chief executive) by using state institutions to weaken the threat and strengthen the dominant group. (See the introduction to the second edition of McAdam’s Political Process and the Black Insurgency, 1930-1970, for one of many examples.) The research seems to be especially applicable in this case. If Obama’s political strength comes, at least in part, from his advantage in non-corporate funding, allowing corporations to spend infinite dollars in support of oppositional candidates diffuses Obama as a political threat and greatly strengthens his opposition.

The racial elements are clear. Most obviously, as the first Black president, Obama represents a racialized threat to white power generally. (See Harvey-Winfield and Feagin 2009 for whites’ fears that Obama would serve Blacks’ economic and political interests.) Secondly, the Republican Party, which is the only electorally significant opposition to Obama and the Democrats, is increasingly a white, male party. Empowering corporations to financially prop up the shrinking party of, for, and by white men is an attempt to counter emerging electoral trends (e.g. the majority of each minority group voting for Obama and Democrats; the shrinking percentage of the voting population that is white and male) and promote white privilege. As the only branch of the federal government currently under direct control of white men, the Supreme Court is the best, if not only, tool available to immediately effect whites’ racial politics. That Republicans and big business have long been bed fellows only makes the Supreme Court’s strategy of “freeing” corporate funds a more certain path for achieving white elites’ racist goals. The potential of a split in the capitalist class (i.e. capitalists funding both parties equally) is precluded by the strong overlaps between whiteness, corporate leadership, and the Republican Party.

In short, the timing of the ruling seems to be obviously racially motivated. Democrats have ruled before, but the combination of Black and Brown leadership, increased Black and Brown voting activity, decreased white voting potential, and sufficient non-corporate funding pools for campaigns was a new threat to which whites were compelled to respond immediately. Whites’ desperation and determination to act now are revealed in their naked over-reaching in the case at hand. Section I of the official “syllabus” (i.e. summary of the case, written by the Reporter of Decisions) of United Citizens details the convoluted logic the Court used to justify both acting immediately and overreaching. The Court is explicit in arguing that they wanted to remove the restrictions on corporate funding before upcoming elections and that they wanted to ensure national impact. In the Syllabus, the Court’s political agenda is in the guise of protection of the First Amendment, but I have articulated reasons to believe the agenda is largely racial.

In my view, the Court’s ruling sets the stage for whites to continue their racist dominance after they lose majority status. Whites’ unjust enrichment (Feagin 2000) gives them a host of weapons with which to oppress people of color. Among the most potent of those weapons is liquid cash. Since Watergate, campaign laws have restricted corporate funding of candidates. Consequently, one of whites’ primary weapons was limited. The limitation was not crucial at the moment because 90 percent of the electorate was white (as of 1980). Therefore, whites’ control of government was unthreatened. However, the decrease in whites’ percentage of the electorate (now under 70%) places their continued electoral dominance in question.

The writing is on the wall for whites’ numerical majority. By and large, most Americans assume a one-to-one relationship between racial demographics and politico-economic dominance. I am constantly impressed by the consistency of undergraduates’ responses to demographic data. Often Latinos are encouraged and empowered by the data. In each of my research projects interviewing Latino students, almost all view their racial/ethnic group as the future dominant group in the U.S. In their version of the cohort effect, racism will “die out” as Latinos replace whites at the heads of major political and economic institutions. Whites usually respond with similar assumptions that their racial and social dominance depends entirely on their numbers. As their relative population falls, so too will their power (and vulnerability to charges of racism). Scholars vary on their takes, but some have adopted a tripartite model in which whites will continue to dominate by extending whiteness to include more groups and bestowing “honorary whiteness” on other groups. These two groups would then derive privileges by oppressing “collective Blacks” (e.g. African-descended peoples, Native Americans, and Southeast Asians).

I respond to all of these assumptions with my own prediction that whites’ primary strategy will be oligarchic in nature. Whites’ dominance of political, social, and economic institutions will far outlast their numerical majority. Whites will use their current majority to construct institutions in a way that ensures they can keep control even without majority status. From these powerful social locations, whites can continue to generate and reproduce a racial structure very similar to the contemporary one. White school boards and a disproportionately white academy will still control the content of education; white executives will still use formal and informal methods to reproduce economic inequality; whites will still have vested interests in segregated neighborhoods; whites will still use wars and other coercive tactics to exploit people of color’s land and labor. Just as the 13th amendment did not end slavery in practice, whites’ fall to plurality status will not change the racial status quo. Demographic majority status is not the basis of racial domination. Access to institutional power, material resources, and control of discourse are. Unleashing white executives to spend corporate dollars as they choose only serves to cement white people and white ideology at the levers of power in America.

So then, the Supreme Court’s decision has clear structural impacts that promote white supremacy for the foreseeable future. White executives will use corporate dollars to put in place laws, ideologies, and individuals to sustain the white supremacist status quo. These structural moves, however, will still take place in public arenas (e.g. elections, mass media). Consequently, whites will need justifications for taking their actions. They will have to convince the public to vote for their candidates and accept occasional visible legal changes. With these goals, white corporate executives will buy lots of ads and command much attention. What worries me is the probable content of those ads. American history teaches us that whites often use African Americans and other people of color as threats and scapegoats to justify oppression. Recently, the “welfare queen,” “crack baby,” and “Latin drug lord” were powerful images in the 1980s and 1990s that whites used to dismantle the social safety net for everyone. Whites have used images of hypersexual people of color (of all stripes) to justify everything from segregating “dangerous” Asian “sexual predators” to castrating and sterilizing Black men and women involuntarily (see Dorothy Roberts’ Killing the Black Body). Each of these projects, and innumerable others, served white elites’ corporate interests and were popularized via corporate actions and financial contributions. Whites are not finished with this type of business. Corporations will undoubtedly turn up the heat again and aggressively use racist imagery to motivate [white] masses to support corporate ends.

As people interested in racial justice, we must quickly consider how we can act now to address the serious racial threats white elites launched via the Supreme Court. Despite the electoral successes of 2008 and people of color’s growing electoral strength, we may currently be at the peak of our power to resist. With each passing day, whites are plotting ways to mobilize and use their considerable economic resources to reshape the government, influence our views, and frustrate all organized resistance efforts. Very soon, they will begin implementing those plans in earnest. Then we will have a very tough fight on our hands, indeed!

Nominate Kimberlé Crenshaw for Supreme Court

With the soon-to-be vacant seat on the Supreme Court due to the retirement of Justice Souter, President Obama has a unique opportunity to make history with his nominee to fill that position.   I want to add my voice to Melissa Lacewell Harris’ call to nominate Kimberlé Williams Crenshaw to the Supreme Court (hat tip: @bfp @harrislacewell via Twitter).    Crenshaw is, as Harris describes her, a “field-defining scholar” in the area of race, gender and the law.

Earlier this week, First Lady Michelle Obama joined other women at the U.S. Capitol to dedicate a bust of Sojourner Truth, abolitionist and early advocate for women’s right to vote.   At that ceremony, Mrs. Obama said, “I hope that Sojourner Truth would be proud to see me, a descendant of slaves, serving as the first lady of the United States of America.”

To really bring change and fulfill the legacy of Sojourner Truth, President Obama has a unique opportunity to seat the first black woman on the Supreme Court.   Crenshaw is that woman.