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Diversity v. Discrimination

Racial consideration cannot be used in any circumstance. The consideration of race in any type of application, whether it’s a job or a university, is inherently unequal, cannot be narrowly tailored, and there is no compelling government interest, therefore making it unconstitutional.

In Brown v. Board of Education, the courts established that separate facilities are inherently unequal. While the circumstances may change, Brown still applies. Considering race in any kind of process that requires an application is unconstitutional because creating unequal admissions processes tailored toward one specific group over another is inherently unequal and therefore defies the standard set by the Fourteenth Amendment’s Equal Protection Clause. Also, the Equal Protection Clause generally means that governments cannot draw unreasonable distinctions between different groups of people. Using race in applications is an unreasonable distinction to make because one’s race is not representative of who that person is or where they come from.  While race may influence who a person is, it is only one factor amongst many. 
In addition, there is no possible way that using race in applications could be narrowly tailored.  The only way to use race in an application is by using stereotypes and therefore it cannot be truly “narrowly tailored”. Research has shown that race-based applications actually heighten stereotyping and self-segregation between racial groups.  Both whites and Asians have expressed considerable “social distance” from Latinos and blacks who were admitted because of racial preferences, according to The Source of the River.
Proving that there is a compelling government interest in race-based applications is essential for the Supreme Court to consider it constitutional, however, there is no compelling government interest for race-based applications. The interest in promoting diversity whether it be within a professional atmosphere or a University is compelling, but specifically racial diversity is not. There are other kinds of diversity than just racial diversity such as diversity in experiences, interests, economic background, etc. Therefore, there is no compelling interest to consider race in applications and race cannot be used under any circumstance.