Equal Protection Clause: Affirmative Action, Voting Rights, and Marriage Equality

Bridging Brown v. Board and Affirmative Action

  • Fourteenth Amendment and Brown Precedent: States utilized the "no state shall" language of the Fourteenth Amendment and the precedent set by Brown v. Board of Education to pursue diversity, especially in education.

  • Challenges to Brown: Immediate implementation of Brown was hindered by opposition in the South, requiring federal intervention.

  • Affirmative Action Programs: Many states instituted these programs, significantly after the passage of the Civil Rights Act of 1964.

  • Civil Rights Act of 1964: This act is considered one of the most impactful pieces of civil rights legislation, marking the first meaningful federal civil rights law since Reconstruction (a period of approximately 8 decades).

    • During the 80 years between Reconstruction and 1964, Jim Crow laws expanded, violence against Black Americans was commonplace, and the US did not uphold the Fourteenth Amendment's pursuit of racial equality.

  • Nationwide Push for Inclusivity: The Civil Rights Act of 1964 spurred a national conversation about diversity.

  • Title VI: A crucial part of the Civil Rights Act of 1964 that prohibited discrimination (based on race, color, or national origin) in federally assisted programs, thereby accelerating states' development of affirmative action programs.

  • Rectifying Past Discrimination: States used affirmative action to actively desegregate and "level the playing field," particularly in public institutions (schools, state universities, upper-level graduate programs) that received federal funding and were under greater scrutiny. In the late 1970s, these programs were primarily enrolling white students.

University of California v. Bakke (1978)

  • Background: Alan Bakke, a qualified white applicant, was rejected twice from the University of California at Davis's medical school.

  • Bakke's Contention: He argued that his rejection resulted from the university's affirmative action program, which operated as a quota system.

  • Quota System Explained: The university set aside a specific number of slots (e.g., 10 out of 32 for the incoming class) solely for students of color. White students could only compete for the remaining slots, while students of color could compete for all prospective slots.

  • Legal Challenge: Bakke sued, alleging violations of the Equal Protection Clause of the Fourteenth Amendment and the Civil Rights Act of 1964, claiming prospective discrimination against white students.

  • Supreme Court Decision (8-1 plurality):

    • Race as Criteria: The Court ruled that using race or ethnic background as a criteria for admission is constitutional. It can be a