6th Circuit To Hear Appeal On Michigan’s Ban Of Race Preferences

LANSING, Mich. (AP)– A federal appeals court is set to consider a lawsuit challenging Michigan’s ban against racial preferences in public university admissions and government hiring.

Nineteen University of Michigan students, faculty and applicants say the 2006 anti-affirmative action ballot measure approved by voters is unconstitutional.

Critics say the constitutional amendment has created an unfair process where universities give weight to geographical diversity and legacy status but not racial identity.

In other words (actually, in pretty much the same words), if it is legitimate to give benefits to some and impose burdens on others on the basis of geography or legacy status (and, presumably, other factors such as grades, test scores, ability to pay tuition, etc.), then it should be legitimate to distribute benefits and burdens on the basis of race. On this view racial discrimination is no different from, and no worse than, discrimination on the basis of anything else.

This argument might be worthy of respect — or at least of being taken seriously — if it’s proponents had the honesty to call for the repeal of civil rights laws, which make discriminating on the basis of race illegal.

Say What?