The 4th of July and Affirmative Action | Editorial

By Susan Martin, President of the League of Women Voters of the San Juans.

The Fourth of July celebrates American independence and the core principles that hold our republic together: that all persons are created equal, “endowed by their creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The creators of the Declaration, including its principal author, Thomas Jefferson, did not fully understand the ramifications of this compelling dictum. It took almost a century to end slavery, still longer to recognize the rights of those who were freed, grant women the right to vote, and recognize that separate was not equal when it came to racial discrimination. But, to quote Martin Luther King, “The arc of the moral universe is long but it bends toward justice” and progress has been made in righting injustice.

Whether it will continue is not as clear. The Supreme Court issued decisions in the past year overturning longstanding precedents. Last year’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and returned the country to state-by-state policies on access to abortion. It has caused chaos as doctors struggle to understand what is acceptable under state law and the patients they fail to treat have died or experienced significant harm as politicians debate how draconian the law should be. The decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and University of North Carolina et al. is likely to create chaos as well, as universities struggle to determine what can be done to ensure equitable access to higher education now that the Supreme Court has ended affirmative action.

The League of Women Voters is a staunch supporter of affirmative action to achieve greater diversity in higher education and a more equitable society by providing access to those who are often excluded. When the Court’s ruling was released the National League’s President warned that: “Today’s Supreme Court ruling reverses the decades-long precedent that upholds the constitutionality of higher education institutions considering the whole person, including race, in admission decisions. She went on to say: “For far too long, Black students and other students of color have been excluded and underrepresented within our higher education system.… A student body that is reflective of our society — one that includes more representation of people of color within systems, structures, and institutions — benefits all students and society as a whole. Today’s devastating ruling will lead to less racially diverse student bodies, further disenfranchise people of color, and harm our democracy.”

The League of Women Voters of the San Juans adheres to the principles established in the Declaration of Independence and codified in the 14th Amendment that all citizens have a right to “equal protection under the laws.” Although one tool to obtain equal protection appears to be gone, we will work to ensure that everyone has access to full rights under the law, regardless of their race, religion, gender, disabilities or other characteristics used to marginalize groups of people.