Opinion Essay

916 words - 4 pages

In the case of Schuette v. Coalition, the court examined whether or not Article 1, Section 26 to the Michigan Constitution concerning not using race as a determining factor in university admissions is constitutional. The respondents feel that not considering race will create a disadvantage amongst disadvantaged minorities. They believe that only the majority with the resources will be able to attend universities, and that there will be a lack of diversity represented in these institutions. The petitioner argues that the law is constitutional because the law does not contain racial classifications and is not intended to be discriminatory towards any particular race. The court rules in favor of the petitioner because of the wording of executive order 10925, the precedent set in Gratz v. Bollinger, and the Supreme Court’s decision to reconsider Fischer v. University of Texas At Austin.
The wording of executive order 10925 aligns with that of Section 26 of Michigan’s constitution. The order mandates “that employees are treated during employment, without regard to race, creed, color, or origin.” Under Michigan’s constitution, the state is required to “not discriminate against, order provide preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” The way that these are worded prevents giving any particular race an advantage when trying to attend college or apply for a job. The plaintiff in this also pointed out how the intent of section 26 “is not to discriminate against minorities, but rather to promote equal treatment” (Schuette). The defendant’s argument that the order promotes affirmative action does not apply given that race is not meant to be regarded under employment or in university admissions. Section 26 should be upheld due to the order encouraging that minorities not be given an advantage due to their race.
In the case Gratz v. Bollinger, the Supreme Court ruled that the University of Michigan’s affirmative action admission policy was not constitutional. The former policy called for automatically giving minorities a twenty point advantage in considering their application. 100 points are needed to ensure automatic admission into the university. Two Caucasian women were denied entrance to the university and filed a lawsuit claiming this went against the Equal Protection Clause. The Supreme Court ruled in favor of Gratz, stating that giving minorities a substantial advantage was indeed a violation of equal protection (Gratz). Given that the case set a precedent for ruling against affirmative action, the same should be applied to this case. Just because someone is of a different race does not mean they should be given better opportunities to get into a...

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