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© Copyright 2007 USA TODAY, a division of Gannett Co., Inc. All rights reser ved.
AS SEEN IN USA TODAY’S NEWS SECTION, JUNE 29, 2007
WASHINGTON — More than 50 years after the Justice Anthony Kennedy, who cast the key fifth vote, agreed
Supreme Court's decision in Brown v. the Board of that considering race "may entrench the very
Education, the justices revealed in a new case prejudices we seek to overcome," but he called
Thursday their profound disagreement about the Rober ts' position "an all-too-unyielding
value of diversity in schools and the relevance of insistence that race cannot be a factor" in all
racial identity. instances.
The justices' divisions over the use of race in Kennedy said the racial makeup of a school
schools were echoed in reactions from an array of could be considered, but individual students
advocates. Overall, the opinions and response could not be classified by race.
suggest that however the nation's schools go
forward, it will not be against a backdrop of He bristled at the Seattle school plan's
consensus or legal clarity. characterization of students as white or non-
white. "Who exactly is white and who is non-
Chief Justice John Roberts, writing for the white?" Kennedy asked, decrying the "state-
majority, emphasized that the notion of diversity mandated racial label."
should be broadly considered and not focused on
a student's race. In one section of his opinion that Such competing philosophies come as the
USA TODAY
fell one vote short of a majority, he said race- nation's public schools across the country have
based policies promote attitudes of racial Thompson: Joined majority ruling. gradually grown more segregated since the late
inferiority and insisted it was time to stop 1980s — especially in the South.
classifying people by race.
Gary Orfield, of the UCLA Graduate School of Education, said
Justice John Paul Stevens, the most senior member of the Kennedy's standard will make it harder for schools to create
liberal wing, stressed the difference between government valid policies for racially balanced schools. "We've been going
policies that use race to exclude people — widespread before backwards since 1990 in terms of resegregating our schools --
civil rights laws — and those that use race to include people. He and the net of this is a little push further backwards, but it's not
said children of all races benefit from integrated classrooms. slamming the door definitively."
Justice Clarence Thomas, the only African-American on the Sharon Browne, of the Pacific Legal Foundation, which
court, questioned whether racially mixed schools help black opposed the Seattle plan, countered, "Schools across our
children. country must get the message loud and clear: Our young
people should not be assigned to a school based on the color of
their skin."
Students, parents and educators have good reason to be Ver y few school districts use elaborate race-based
confused about mixed messages from Washington. assignment systems of the kind struck down in Louisville.
Moreover, in joining the majority, Justice Anthony Kennedy
The federal No Child Left Behind law demands that schools made it clear that he's not about to overturn all affirmative
reduce learning gaps between racial groups. On Thursday, action programs in education and the workplace.
however, the Supreme Court took away a key tool for achieving
that goal. Race "may be taken into account" in certain circumstances,
and Roberts' opinion "is too dismissive of the legitimate interest
The sharply divided court struck down voluntary school government has in ensuring all people have equal opportunity
integration plans in Louisville, Ky., and Seattle that use race as a regardless of their race," Kennedy wrote. It's OK, he said, for
factor in making public school assignments. "The way to stop districts to site new schools, recruit students or draw
discrimination on the basis of race is to stop discriminating on boundaries with diversity in mind.
the basis of race," Chief Justice John Roberts wrote for the 5-4
majority. The biggest damage inflicted by this decision will be if
districts give up trying to prepare students to live in a diverse
Roberts' words make for snappy rhetoric. But reality, 53 years society — or trying to educate students in heavily minority
after the historic Brown vs. Board of Education decision began schools.
to dismantle segregated school systems, is that children in
many predominately minority schools continue to receive Although racially isolated schools typically struggle, some
inferior educations. don't. A recent book, Karin Chenoweth's It's Being Done,
documents several success stories. Atlanta's Capital View
If history is any guide, Thursday's ruling means Louisville and Elementary, for example, flourishes in one of that city's most
other cities will have more such schools. In 1999, for example, a beleaguered neighborhoods by setting high expectations, a
judge ordered San Francisco schools to stop using race in demanding curriculum and intense professional development
school assignment. Since then, schools there have slowly for teachers.
resegregated.
Many charter schools, which are independently run public
About the only solace in Thursday's ruling is that the impact schools, do the same. The KIPP (Knowledge is Power Program)
charter school in northwest Baltimore manages to transform
Letters
The Forum
That was not exactly the image a school that prides itself on
its diversity wants to project. (T.C. Williams, in Alexandria, Va., is
43% black, 25% Hispanic, 24% white and 7% Asian Pacific
Islander.)
Sports at T.C. Williams: Letichia Epps is third from right on her crew team, and members of the soccer team, left photo, are from nine countries and four continents.
Idealistic educators who bemoan the self-segregation that When Liz Johnson, a recent graduate of Princeton's
students fall into should ask themselves this: How many Woodrow Wilson International Center for Scholars, was at T.C.,
weekend social events that they attend — including church — she starred in two "white girl" sports — field hockey and
have a good mix of individuals from different racial, ethnic and soccer. But Johnson, who is white, says her greatest experience
socioeconomic backgrounds? at our school was playing basketball — a "black girl" sport.
"I can't think of any place where kids or adults from totally Johnson learned some things as a teammate of black girls
different backgrounds socialize (together) on a regular basis," that she could never have known otherwise. "I was exposed to
says Walker. "Still, at school there are instances of daily the covert racism the black players always faced," she says.
interaction among kids from amazingly different backgrounds. "When we went to play white schools, everyone was afraid of
It's another facet of my education —getting to know people I us because we had so many blacks on the team. It was the 'I'm
would not normally be around. … I would never have gotten not a racist, it's just that these girls are dangerous' kind of
that education had I stayed in private school." attitude." This understanding of what her black teammates
routinely encountered made her feel especially close to them.
Senior Jamel Frazier, a linebacker on our football team and
one of four black males in my AP English class, says, "I may not Letichia Epps, who is black, had an experience similar to
hang out with white guys on the weekends, but when I see Johnson's when she tried out for the crew (rowing team), the
them in the store or at a restaurant there is a connection from ultimate white sport at T.C. "At first it was difficult. I played
being in classes together or playing sports." basketball and had always hung around black girls," says Epps,
a senior. "At first I didn't feel accepted, but once the white girls
As exaggerated as Remember the Titans was, it did strike the saw how strong I was (and that) that could make a big
right chord about diversity. No matter what their backgrounds, difference in their boat, we became so close I hardly noticed
kids in high school, not unlike adults in the workplace, create color anymore."
bonds of respect and friendship by working together toward a
common goal. Students are not the only ones to gain from being in a diverse
school. Over the years, teaching immigrant kids — many of
them on refugee status from Afghanistan, Ethiopia, Cambodia
and other trouble spots — has given me an understanding of white-dominated society, and the way up eventually leads out
the world that I could never have gotten from even the best into the white world. For whites, the experience has its own
news reports from those countries. special value.
I have had Central American students in class whom many A 'richer' life
white adults would see as stereotypical gangbangers, when in
fact they had family values that would shame most Americans. "My life is so much richer through all the black friends I made
Some worked eight hours a day after school and sent their playing football at T.C.," says Mike Sharkey, a graduate of
earnings back to relatives in their home countries. I have Georgetown University's medical school who is now a surgeon.
witnessed black students born with a load of social "If I hadn't gotten to know those guys, I would be so ignorant
disadvantages excel academically and end up in Ivy League about people, about American society, about life in general. I
colleges. know I am a better physician because of all the different types
of people I got to know in high school. Kids who don't get that
But the more diverse a school is, the more challenges it will kind of experience are really missing something."
face. Schools in predominantly middle- and upper-class
neighborhoods, whose property values freeze out the poor, High school, unfortunately, is the best and often last chance
generally have fewer serious discipline problems than ones for young people from diverse backgrounds to get to know and
with a large number of low-income kids. Furthermore, due to understand each other. In college, racial and ethnic groups
the national obsession with test scores, diverse schools are often stick to themselves. And however much colleges brag
pressured to focus on low-income kids, whose test scores are about their diversity, on the whole, they can't touch the
most likely to give those schools a bad reputation, while paying economic diversity of high schools such as T.C. Williams.
less attention to middle-class students who often breeze
through the tests. The more diverse schools are often more As Shep Walker said, diversity cannot be forced. But when it
concerned with the racial and ethnic composition of is present, kids who embrace it receive an education no
classrooms than with the academic needs of students. amount of money can buy.
Despite those challenges, the value of attending a diverse Patrick Welsh is an English teacher at T.C. Williams High
school is enormous. For minority kids, learning to feel at ease School in Alexandria, Va., and a member of USA TODAY's board
with whites is more than a matter of enrichment. It can be of contributors.
essential to their success or failure in life. America is still a
The Forum
Thomas' influence
Thomas went to an all-black Catholic high school, and when minorities cannot compete with them without their
it was later merged with white Catholic schools, Thomas said, patronizing indulgence."
"It broke my heart. … Some people think that the solution to all
the problems of black people is integration. I never worshipped To Thomas, school is a place for hard work and discipline, not
at the altar (of integration)." His experiences at mixed-race nurturing, favors or social experimentation. Just a few days
schools were often negative, and when he meets black before last week's race ruling, Thomas made this clear in a
students today, Thomas makes it clear that they don't need to decision on student free speech rights. Students have no such
rub elbows with white kids to get a good education. rights, Thomas said, reporting with approval that in early public
schools, "teachers taught, and students listened. Teachers
An alternative view commanded, and students obeyed."
Thomas continued that theme last week in his little-noticed It is hard to know how much Thomas' private storytelling or
concurring opinion in the race cases. He cited studies indicating his public opinions influenced his colleagues in the race ruling
that "black students attending historically black colleges last week. But he clearly represents a powerful and — on the
achieve better academic results than those attending court at least — a more accepted alternative to mainstream civil
predominantly white colleges." rights thinking.
In a 1995 decision on affirmative action, Thomas put it more Tony Mauro, Supreme Court correspondent for American
bluntly: "So-called 'benign' discrimination teaches many that L awyer Media , is a member of USA TODAY's board of
because of chronic and apparently immutable handicaps, contributors.
2. The school diversity ruling revealed sharp divisions among the Supreme Court justices. As a class create your own
mock Supreme Court and explore this issue from different perspectives. Assign the nine “justices” and then choose
two “attorneys” to argue for and against the ability of schools to make assignments based on race. After hearing the
arguments, the justices should deliberate and then write their own opinion. As a group, the justices will announce
their ruling to the class. Were your justices just as divided? Was the decision unanimous? Discuss how your ruling
was similar to or different from the actual decision.
3. Analyze this case study’s “Opposing Views”: which argument do you think is most compelling? Why? Compose your
own persuasive essay in support of your viewpoint and share with the class.
2. The new Supreme Court ruling brings up several issues about race and equality. Is race a prominent issue in the news?
Should it be? Use USA TODAY and other news sources to track stories based on racial issues over a 2-3 week period.
What conclusions can you draw? Prepare a 2-3-page report for class.
3. How did each of the justices vote on this issue? Was it along conservative and liberal lines? Who cast the deciding vote?
Do you think the makeup of liberal and conservative justices in the Supreme Court reflects the current composition of the
country as a whole? Should it? Compose a 2 minute quick write and describe what changes your foresee in the next five
years regarding the makeup of the Court. Share your paper with a peer and discuss.
4. Assuming the ruling stays in place, how do you think US schools will be affected over the next 20 years? Write a story
describing a day in the life of a high school student 20 years from now within the context of racial diversity in schools.
Additional Resources
v Supreme Court of the United States v Historic Court Decisions
www.supremecourtus.gov www.lectlaw.com/tcas.htm
v The Legal Information Institute’s Supreme v Findlaw’s US Supreme Court Resource Center
Court Collection supreme.lp.findlaw.com
supct.law.cornell.edu/supct/cases/topic.htm