Clearly, Bakke was discriminated against and rejected on the grounds of no more than his race. The matter was decided on 29 June 1978.
This case holds particular interest for education, as it sheds light upon an interesting issue arising from the equality drive. Clearly the University of California was driven to diversify its campus by offering opportunities to minority students. However, the fact that they did so in favor of minority students with lower qualifications and abilities than the white male, Bakke, was indeed a form of discrimination based upon race. It brought to light the fact that true equality in education can only be achieved when giving a truly equal and fair opportunity for everyone, regardless of race, to enter the program.
Similar cases were heard by the Supreme Court concerning the University of Michigan. In Grutter v. Bollinger, the issue is the Law School's policy of commitment to diversity, by attempting to recruit a specific number of minority students. This is however done with strict adherence to numerous other personal and academic requirements. Students are carefully scrutinized in terms of their abilities and diversity, although the University states that this diversity is not limited to race. Grutter filed the suit because she was denied access to the Law School, and claimed that this was done on the basis of her race as a white person. The Court however found that the race factor was sufficiently balanced with other factors to not be the sole determinator of admissions, and rejected Grutter's petition.
In Gratz v. Bollinger, on the other hand, the University's College of Literature, Science and the Arts clearly used race as the predominant factor for its admissions. It automatically awards 20 additional points to minority applicants, and consequently nearly all such applicants are admitted. It claims that a narrower consideration of applicants, such as that used by the Law School above, is unviable because of the number of applicants. The policy was fount to be discriminatory and the case found in favor of Gratz.
The implications for education in general are important. Clearly, the Supreme Court justices have given careful consideration to the nature of admissions programs, and how these use the factor of race to ensure diversity. It is acknowledged that diversity is important, but not to the exclusion of all the other factors that contribute to academic success.
References
U.S. Supreme Court. University of California Regents v. Bakke, 438 U.S. 265 (1978)
438 U.S. 265.
U.S. Supreme Court. Jennifer Gratz and Patrick Hamacher, Petitioners v. Lee Bollinger et al. June 23, 2003.
U.S. Supreme Court. Grutter v. Lee Bollinger et al. No.02-241. June 23, 2003.
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