California Banned Affirmative Action in 1996. Inside the UC Struggle for Diversity

For nearly half a century, the University of California has been at the center of national debates over affirmative action and who is entitled to coveted seats in the premier public higher education system.

In 1974, after Allan Bakke, a white applicant, was rejected from the UC Davis medical school, he alleged reverse discrimination and sued, becoming the namesake of a landmark U.S. Supreme Court case curbing racial quotas. In 1995, UC regents voted to eliminate affirmative action and one of them, Ward Connerly, championed a successful campaign a year later to pass Proposition 209, the nation’s first ballot initiative to ban consideration of race and gender in public education, hiring and contracting. Over the last decade, California legislators have launched at least three attempts to restore affirmative action in college admissions — all have failed.

As the U.S. Supreme Court opens oral arguments Monday on whether to strike down affirmative action in cases involving Harvard and the University of North Carolina, UC’s long struggle to bring diversity to its 10 campuses offers lessons on the promise and limitations of race-neutral admission practices.

The Californiatakeaway: Nothing can fully substitute for affirmative action practices that allow universities to admit a diverse student body, including using income and parent educational levels as proxies for race. But after passage of Proposition 209 touched off UC’s 25-year slog of trial and error — plus a massive investment of more than a half-billion dollars on diversity measures — a meaningful difference can be made.

“While California has not identified a really effective policy to promote diversity other than affirmative action, it has shown experimentation is beneficial for targeted students,” said Zachary Bleemer, a Yale University assistant professor of economics and research associate at the Center for Studies in Higher Education at UC Berkeley. “And so it’s worth it.”

UC President Michael V. Drake and all 10 chancellors have submitted an amicus brief in support of Harvard and UNC’s affirmative action policies. Calling UC a “laboratory for experimentation” on using race-neutral measures to promote diversity, the university leaders said that decades of outreach programs to low-income students and re-crafted admissions policies have fallen short.

“Those programs have enabled UC to make significant gains in its system-wide diversity,” the brief said. “Yet despite its extensive efforts, UC struggles to enroll a student body that is sufficiently racially diverse to attain the educational benefits of diversity.”

For some private universities, which are allowed to use affirmative action, the looming high court decision is causing consternation. Many experts predict the court’s conservative majority will strike down race-based preferences in a case that could affect not only higher education, but potentially the workplace as well.

“You are talking about the devastation of the American admissions process for students of color, full stop,” said Pomona College President G. Gabrielle Starr. “Affirmation action is hands down the best tool we have for maintaining racial and ethnic diversity in colleges in the United States.”

Initially, Proposition 209 drastically reduced diversity at UC’s most competitive campuses. In 1998, the first admissions year affected by the ban, the number of California Black and Latino first-year students plunged by nearly half at UCLA and UC Berkeley. William Kidder, a UC Riverside civil rights investigator, recalled his shock when he entered UC Berkeley law school in 1998 and found that his first-year class of 270 included only six or seven Black students, compared with four times that many in the class two years ahead of him enrolled before Proposition 209.

“The lack of diversity in the classroom had a negative impact on my learning as a student,” said Kidder, who is white. “The range of viewpoints and quality of discussion about ideas were inhibited.”

California State University’s 23 campuses did not lose nearly as many Black and Latino students as UC did, and the system’s enrollment today nearly fully reflects the state’s diversity. Among its 422,391 undergraduates in fall 2021, 47% are Latino, 21% white, 16% Asian and 4% Black.

That closely mirrors the demographics of the state’s 217,910 California high school students who met UC and CSU eligibility standards in 2020-21: 45% are Latino, 26% white, 16% Asian and 4% Black. CSU’s wider access, more affordable price tag and greater ease of commuting from home may be some reasons behind the greater diversity.

But diversity varies, with proportions of Latino and Black students lower at several of the more selective CSU campuses. At Cal Poly San Luis Obispo — with a 31% admission rate in fall 2021 — 53% of undergraduates are white, 19% Latino, 14% Asian and 1% Black. At Cal State Los Angeles — with an 80% admission rate — 72% of students are Latino, 11% Asian, 4% Black and 4% white.

“While Proposition 209 promoted race neutrality in university student recruitment, admissions, financial aid, student academic support and employee hiring, the policy has made it more challenging to erase equity and opportunity gaps that exist in the CSU,” the university said in a statement. “Despite the challenges that have resulted, the CSU has continued to serve significant numbers of students from underrepresented communities over the years and we continue outreach efforts to provide access to students who are Black, indigenous or people of color and provide support once they are enrolled in the university.”

UC enrollment still does not fully reflect the state’s racial and ethnic makeup — falling particularly short with Latinos, who made up just 30% of the system’s 189,173 California undergraduates in fall 2021. Students of Mexican heritage are by far the largest undergraduate ethnic group, however.

But campuses are making notable strides. Black and Latino students increased to 43% of the admitted first-year class of Californians for fall 2022 compared with about 20% before Proposition 209. For the third straight year, Latinos were the largest ethnic group of admitted students at 37%, followed by Asian Americans at 35%, white students at 19% and Black students at 6%.

Click here to read the full article in the LA Times

In California, the Anniversaries of Two Big Ballot Initiatives Go Unreported

University-of-CaliforniaThe media usually love to celebrate the anniversary of the passage of a major law or policy shift. During 2016 in California, however, they took a pass on mentioning two key milestones.

November 5 marked 20 years since California voters approved Proposition 209 — also known as the California Civil Rights Initiative — by a margin of 54 to 46 percent. This measure ended racial, ethnic and gender preferences in state-college admissions, state employment and state contracting. Opponents claimed that Prop. 209 would bring on the end of affirmative action, but state colleges and universities could still cast the widest possible net for admissions and extend a hand to minority students on an economic basis.

The disaster that opponents predicted would result from Proposition 209 never occurred. As Thomas Sowell noted in his 2013 book Intellectuals and Race, declines in minority enrollment at UCLA and Berkeley were offset by increases at other University of California campuses. More important, the number of African American and Hispanic students graduating from the UC system went up, including a 55 percent increase in those graduating in four years with a GPA of 3.5 or higher. Still, critics maintain that Proposition 209 harmed “diversity.” In bureaucratic parlance, “diversity” means that all institutions should precisely reflect the racial or ethnic proportions of the population. If they don’t, the reason must be deliberate discrimination, and the only remedy is government action — namely, racial and ethnic preferences of the type that the University of California imposed before Proposition 209.

The proportionality dogma isn’t law, yet politically correct administrators believe that some groups are “overrepresented,” that is, there are “too many” of some kinds of people on campus. This usually means Asians, targets of much discrimination in California history. In recent years, UC campuses have bulked up on high-salaried diversity bureaucrats. In similar style, the city of Sacramento has created a new position for a “diversity manager.” Politicians have also deployed measures such as the 2012 Senate Constitutional Amendment 5, sponsored by West Covina Democrat Ed Hernandez, who claimed it would ensure that universities would “reflect the diversity of the state.” Asian groups cried foul, and Assembly Speaker John Pérez, a Los Angeles Democrat, returned SCA 5 to the Senate without a vote.

The 30th anniversary of another historic California ballot measure passed without notice in November. On November 4, 1986, California voters passed Proposition 63, the Official Language of California Amendment. This measure directs the state legislature to “preserve the role of English as the state’s common language” and refrain from “passing laws which diminish or ignore the role of English as the state’s common language.” Seventy-three percent of California voters approved the measure, a landslide by any definition, and it’s still on the books. So what has the government of California done over the last 30 years to ensure that the democratic will of the people was respected? Nothing; they ignored it. “In short, state legislators and public officials acted as if Prop. 63 never existed,” wrote Orange County Register columnist Gordon Dillow in 2006. As this writer, an immigrant, can testify, some level of proficiency in English is a requirement for American citizenship, which, in turn, is a requirement for voting. Yet, in 2016, the California voter guide came in English and, count ‘em, six other languages: Spanish, Korean, Chinese, Japanese, Tagalog, and Vietnamese. With 17 propositions to translate into seven languages, the voter guide packed the heft of a phone book.

A raft of stories accompanied October’s tenth anniversary of the passage of California’s “historic climate law,” yet not a single one commemorated the passage of successful propositions to end racial quotas and establish English as the official state language. Sadly, the Golden State’s political class and old-line establishment media remain out of touch with the people.

Lloyd Billingsley is the author of Bill of Writes: Dispatches from the Political Correctness Battlefield and Barack ‘em Up: A Literary Investigation.

This piece was originally published by City Journal online

University Insiders: Illegal Immigrants Get Affirmative Action

This week, Maryland Gov. Martin O’Malley signed a bill to require the state’s public universities to give undocumented aliens — generally illegal — in-state tuition privileges.

The bill, known as the Dream Act, is already the law in ten other states, including California, New York, Texas and Illinois.

But critics argue that the bill will give illegal aliens better treatment than Americans and legal immigrants — thanks to existing diversity policies at universities.

Read More at Fox News By Maxim Lott, Fox News

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