Brown vs. the Supreme Court 2007

And let us not grow weary while doing good,
for in due season we shall reap if we do not lose heart

Galatians 6:9

WASHINGTON (AP) -- The Supreme Court on Thursday rejected diversity plans in two major school districts that take race into account in assigning students but left the door open for using race in limited circumstances.

The decision in cases affecting schools in Louisville, Ky., and Seattle could imperil similar plans in hundreds of districts nationwide, and it further restricts how public school systems may attain racial diversity.

The court split, 5-4, with Chief Justice John Roberts announcing the court's judgment. The court's four liberal justices dissented. Federal appeals courts had upheld both plans after some parents sued. The Bush administration the parents' side, arguing that racial diversity is a noble goal but can be sought only through race-neutral means.

With its latest decision on school desegregation the Supreme Court has once again rejected the concept of diversity in public education. We are steadily reviving the concept of separate, but equal. Despite the Supreme Court's ruling and the opinion of many White Americans, we have yet to overcome discrimination in this country. If we agree that there is still discrimination and yet we choose to do nothing about it, what does that say about how we really feel about discrimination?

    To acknowledge the obvious requires no courage, but to stand on the side of right with action and sacrifice is another story. Let's face it there is no easy answer to the race problems we face as a nation, but what bothers me the most is that in order for this country to become what it is today millions of Black men and women had to make a sacrifice unwillingly through slavery. Now that a sacrifice is needed from those who have benefited from the previous sacrifice is required, we want to hide behind "reverse discrimination". We want to say all things can now be equal; ignoring the past will not bring justice. Confronting it, acknowledging it, and making changes is how the past is remedied.

    Can someone explain to me how you can repair racial discrimination without taking into account race in its mending? Did I miss the class where we learned how to fix gender discrimination without using gender? Does anyone remember the remedy for Title IX, for those who don't remember let me give you some figures to chew on.
In 1972, Congress enacted Title IX, the law that prohibits sex discrimination in education. In the 25 years since its passage, Title IX has helped women and girls make strides in gaining access to higher education, athletics, and nontraditional fields of study.

In 1972 women made up 44 percent of undergraduates; today women are 55 percent.
In 1971 girls made up 1% of high school varsity athletes; today they make up 40%.

Until Title IX, many high schools prohibited girls from taking certain courses, such as auto mechanics and criminal justice.

In 1970 women earned 0.7% of bachelor's degrees in engineering; in 1994 women earned 14.8% of these degrees.
In 1970 women earned 7.1 percent of law degrees and 9.1 percent of medical degrees; in 1994 women earned 43 percent and 38 percent of degrees in those fields.

    A conscious effort was made to give women preference in athletics to make up for past discriminatory practices and we can see the results. There were men who screamed "reverse discrimination", but the country stuck to its guns, because it was the right thing to do. The justices talked about diversity being an admirable goal, but talk is cheap without the tools to carry it out.

Louisville's schools spent 25 years under a court order to eliminate the effects of state-sponsored segregation. After a federal judge freed the Jefferson County, Ky., school board, which encompasses Louisville, from his supervision, the board decided to keep much of the court-ordered plan in place to prevent schools from re-segregating.

The lawyer for the Louisville system called the plan a success story that enjoys broad community support, including among parents of white and black students.

Attorney Teddy Gordon, who argued that the Louisville system's plan was discriminatory, said, ''Clearly, we need better race-neutral alternatives. Instead of spending zillions of dollars around the country to place a black child next to a white child, let's reduce class size. All the schools are equal. We will no longer accept that an African-American majority within a school is unacceptable.''

    "We will no longer accept that that an African-American majority within a school is unacceptable", to me this sounds dangerously close to separate but equal making a comeback. It is unfortunate that we as a nation require these types of remedies to bring us together. It would be preferable for us to just unite and say let's all live together in equality and harmony, but that is not reality today. It is always easy to give up on doing good; to say, "We're tired. Aren't we there yet? Pull yourself up, we quit calling you ni**er, didn't we?"

From the cowardice that shrinks from new truth; from the laziness that is content with half-truths; from the arrogance that thinks it knows all truth - oh God of Truth deliver us!-- Unknown

The Disputed Truth



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Re: Brown vs. the Supreme Court 2007 (none / 0)

I think we are going to classism rather than race inequality. If you are rich enough go to a high class university or college, as a black or latino you can go. If you are rich enough to live in the suburbs to go to the more well off schools there than you can go.  Inequality goes much further than race.


by olawakandi on Fri Jun 29, 2007 at 10:35:58 AM EST

Another side (none / 0)

Juan Williams tells a different story on the editorial pages of the NYT.  

With yesterday's Supreme Court ruling ending the use of voluntary schemes to create racial balance among students, it is time to acknowledge that Brown's time has passed. It is worthy of a send-off with fanfare for setting off the civil rights movement and inspiring social progress for women, gays and the poor. But the decision in Brown v. Board of Education that focused on outlawing segregated schools as unconstitutional is now out of step with American political and social realities.

here here

Desegregation does not speak to dropout rates that hover near 50 percent for black and Hispanic high school students. It does not equip society to address the so-called achievement gap between black and white students that mocks Brown's promise of equal educational opportunity.

I have spent 20+ years as an advocate and organizer, mostly on behalf of children of color.

The problem is not integration.  The problem is unequal education and vast disparities in funding.

And the fact is, during the last 20 years, with Brown in full force, America's public schools have been growing more segregated -- even as the nation has become more racially diverse. In 2001, the National Center for Education Statistics reported that the average white student attends a school that is 80 percent white, while 70 percent of black students attend schools where nearly two-thirds of students are black and Hispanic.

By the early '90s, support in the federal courts for the central work of Brown -- racial integration of public schools -- began to rapidly expire. In a series of cases in Atlanta, Oklahoma City and Kansas City, Mo., frustrated parents, black and white, appealed to federal judges to stop shifting children from school to school like pieces on a game board. The parents wanted better neighborhood schools and a better education for their children, no matter the racial make-up of the school. In their rulings ending court mandates for school integration, the judges, too, spoke of the futility of using schoolchildren to address social ills caused by adults holding fast to patterns of residential segregation by both class and race.

The focus of efforts to improve elementary and secondary schools shifted to magnet schools, to allowing parents the choice to move their children out of failing schools and, most recently, to vouchers and charter schools. The federal No Child Left Behind plan has many critics, but there's no denying that it is an effective tool for forcing teachers' unions and school administrators to take responsibility for educating poor and minority students.

It was an idealistic Supreme Court that in 1954 approved of Brown as a race-conscious policy needed to repair the damage of school segregation and protect every child's 14th-Amendment right to equal treatment under law. In 1971, Chief Justice Warren Burger, writing for a unanimous court still embracing Brown, said local school officials could make racial integration a priority even if it did not improve educational outcomes because it helped "to prepare students to live in a pluralistic society."

In 1990, after months of interviews with Justice Thurgood Marshall, who had been the lead lawyer for the N.A.A.C.P. Legal Defense Fund on the Brown case, I sat in his Supreme Court chambers with a final question. Almost 40 years later, was he satisfied with the outcome of the decision? Outside the courthouse, the failing Washington school system was hypersegregated, with more than 90 percent of its students black and Latino. Schools in the surrounding suburbs, meanwhile, were mostly white and producing some of the top students in the nation.

Had Mr. Marshall, the lawyer, made a mistake by insisting on racial integration instead of improvement in the quality of schools for black children?

His response was that seating black children next to white children in school had never been the point. It had been necessary only because all-white school boards were generously financing schools for white children while leaving black students in overcrowded, decrepit buildings with hand-me-down books and underpaid teachers. He had wanted black children to have the right to attend white schools as a point of leverage over the biased spending patterns of the segregationists who ran schools -- both in the 17 states where racially separate schools were required by law and in other states where they were a matter of culture.

If black children had the right to be in schools with white children, Justice Marshall reasoned, then school board officials would have no choice but to equalize spending to protect the interests of their white children.

They never even came close to equalized spending.

50 years later....schools populated by children of color are a disgrace.  Drop out rates are at best 50 percent--more like 75 percent in the densest poorest blackest inner city.

Only 1 or 2 children who begin kindergarten will finish the 12th grade.  This is the world we live in!.  Brown hasn't helped those children and if nothing else this decision may force the politicians and society to someday provide equal and excellent education to all children.

http://www.nytimes.com/2007/06/29/opinio n/29williams.html


by aiko on Fri Jun 29, 2007 at 10:36:13 AM EST

Re: Another side (none / 0)

Unfortunately the reality is that most school district funding is based on property tax values, because most minority students live in minority neighborhoods that are red-lined there tax valuations are low and thus the district has less to spend per child. The answer may not be racial in nature, but then what is it? It is easy to tear something down, it is much more difficult to build something to replace it.

Let's remember that in those 20 years you speak about there has not been a full effort to make it a reality. Brown has been fought against from day one and those able to afford it just left public schools altogether, leaving the poorest kids of all races to struggle. It has never been instituted therefore it really can not be shown to work or not work...


by Forgiven on Fri Jun 29, 2007 at 11:28:40 AM EST
[ Parent ]

Re: Another side (none / 0)

The point is that forced integration may have been a sound policy once upon a time.  If nothing else it prepared us to live in a pluralistic society:

It was an idealistic Supreme Court that in 1954 approved of Brown as a race-conscious policy needed to repair the damage of school segregation and protect every child's 14th-Amendment right to equal treatment under law. In 1971, Chief Justice Warren Burger, writing for a unanimous court still embracing Brown, said local school officials could make racial integration a priority even if it did not improve educational outcomes because it helped "to prepare students to live in a pluralistic society."

And Burger was right.  It did not and has not improved educational outcomes for poor children of color.

Poor schools have poor educational outcomes.  Minorities, and especially blacks are disproportionately poor. Therefore children of color have disproportionately bad educational outcomes.

Equality in educational funding is the solution.


by aiko on Fri Jun 29, 2007 at 11:56:01 AM EST
[ Parent ]

Re: Brown vs. the Supreme Court 2007 (none / 0)

The plaintiffs in this case did a good job being sympathetic.  Imagine living a block away form an elementary school and then being told your kid needs to be bussed 90 minutes to a school on the other side of town?

Unfortunately, every government action, whether by ruling or statute can have some pretty serious adverse, unintended consequences.

Brown's busing decision really accelerated the "white flight" from major cities into the subrubs.  Suburbs, being smaller school systems, didn't need to bus people around to integrate...  Who wouldn't want that for their kids?  We all know that the best way to integrate schools is to integrate communities... Brown unwittingly did the opposite...

You bring up title IX... sure, there have been wonderful successes for women, but there was a cost.  Schools had to kill dozens of mens sports in order to be compliant.  Male athletes in "lesser" sports were now being denied an opportunity to play, just 'cos they are male.  In some cases, even major sports like baseball have been cut.  Imagine if you are a sophomore at your school, a varsity athlete, and suddenly told your team no longer exists, for no other reason than you are a man.  That was never the purpose or intent of Title IX, but it has been the result.

When the provided solutions to society's problems are inequitable, backlash is inevitable... often destroying the progress that was created....

For Brown, the real solution could have been a plan for truly integrated neighborhoods... for Title IX, the solution is true balance that allows all athletes to compete regardless of sex.  It is too late for Brown... but, title IX can be saved from its almost inevitable death from the supremes, if we work now to make it truly fair.

Thanks,

Mike


by lordmikethegreat on Fri Jun 29, 2007 at 11:42:12 AM EST

Re: Brown vs. the Supreme Court 2007 (none / 0)

I think that the GOP in 2000 has done a great job and convincing independents that the New Deal, Fair Deal and Great Societies programs have done its job and its time for minorities to stand up now. Bush and Newt Gingrich both ran on welfare reform. I think Clinton stance was the best, mend it don't end it. I think integration has worked in K-12 but not in universities.


by olawakandi on Fri Jun 29, 2007 at 11:48:43 AM EST
[ Parent ]

Re: Brown vs. the Supreme Court 2007 (none / 0)

This is exactly the attitude that ended reconstruction in the 19th century...  that blacks should "stand up for themselves" and "just get over slavery"

The result was, of course, massive Jim Crow laws and segregation for another 100 years.

Thanks,

Mike


by lordmikethegreat on Fri Jun 29, 2007 at 03:51:36 PM EST
[ Parent ]

Re: Brown vs. the Supreme Court 2007 (none / 0)

Why is sacrifice considered such a bad thing in this country? It was ok for Blacks to make a sacrifice to build this country and now all of a sudden making sacrifices is "reverse discrimination". That is just a cop out to stepping up to the plate to make this nation better. There will always be someone who is left out in every decision, there has to come a time when we decide that we want to change it or we don't.

Everybody wants equality so long as it's the other guy that has to do it. NIMBY - Not in my backyard


by Forgiven on Fri Jun 29, 2007 at 12:13:34 PM EST
[ Parent ]

Re: Brown vs. the Supreme Court 2007 (none / 0)

People sacrifice for a common goal, but if someone believes that another party (fairly or unfairly) is receiving an undue benefit at their expense, they aren't going to be too happy about it and are disinclined to support it.

Thanks,

Mike


by lordmikethegreat on Fri Jun 29, 2007 at 03:49:58 PM EST
[ Parent ]

Re: Brown vs. the Supreme Court 2007 (none / 0)

And a fair society with equal opportunity for all is not a common goal? Then what does that say about us as a society. The problem I have with this decision is not that it stops the practice of busing, I have first hand knowledge of the pain of busing. My concern is that there will be nothing put in its place. We will just quietly go back to our segregated society....shhhhhh!


by Forgiven on Fri Jun 29, 2007 at 06:24:44 PM EST
[ Parent ]


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