THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Sunday, March 31, 1996 TAG: 9603280018
SECTION: COMMENTARY PAGE: J4 EDITION: FINAL
TYPE: Editorial
LENGTH: Medium: 55 lines
University officials in Virginia and elsewhere are casting a wary eye toward a federal appeals court ruling striking down a race-based admissions policy at the University of Texas law school.
Last week's decision by the 5th U.S. Circuit Court of Appeals says, in effect, that the goal of creating a diverse student body is not a proper justification for affirmative-action programs.
The decision, which for now applies only in Texas, Mississippi and Louisiana, is seen as the nation's first major ``reverse discrimination'' case since the Supreme Court restricted affirmative action last year.
If the Supremes wind up agreeing with the appeals' court, the decision could wreak havoc on the widely accepted practice of considering race a valid factor in trying to achieve a diverse student body. That principle was established in the 1978 Bakke decision and has guided college admissions policies, including those in Virginia's public colleges, ever since.
The specific Texas policy - African-American and Hispanic applicants were evaluated by a different point scale than white applicants - does not appear to be duplicated by any Virginia schools. But the court's language in calling the practice unconstitutional challenges all policies based on diversity:
Diversity ``is not a compelling interest under the 14th Amendment,'' the 5th Circuit panel said. It is unconstitutional ``to elevate some races over others, even for the wholesome practice of correcting perceived racial imbalance in the student body.''
By that standard, only affirmative-action policies that addressed specific past discrimination would be allowed. Legal history has shown that that is a difficult standard to prove.
Under current guidelines, Virginia schools have shown laudable, if imperfect, progress toward creating a higher-education system that in both employment and admissions reflects the state's racial mix. The goal is not and should not be to meet quotas. But a broad educational experience depends on encountering a range of individuals and opinions. Race is one of many factors that may affect attitudes.
While the change is minute in some cases, every four-year state college or university except historically black Virginia State in Petersburg is more racially diverse today than it was a decade ago. The most substantial progress has come at Norfolk State University and Old Dominion University.
Throughout much of the federal judiciary, the mood toward affirmative action is a chilling one. Some practices, including law-school-admissions point scales that differ for whites and minorities, may go too far.
But it would be shameful if a backlash crippled legitimate efforts to create learning environments that reflect the complexity and diversity of the world at large. by CNB