Compelling State Interest

It boggles my mind that the Supreme Court might strike down local school boards’ efforts to increase diversity. I understand that using race as factors in decisions is often wrong-headed (certainly when racism is involved), but when the compelling state interest is racial diversity, it makes sense that you’d have to take race into account.
I don’t know much about the two desegregation systems in question (Seattle’s and a county in Kentucky’s), but after listening to the oral arguments in the Seattle case, their system is certainly “narrowly tailored.” Racial considerations only come into play in school choice after the family’s preferences, the family’s school connections (e.g., where siblings attend), and proximity to the school are all examined. Race is only used as a “tie-breaker” and there are not hard-and-fast limits on the racial make-up of the schools (unlike in the KY situation). Both programs have the support of the community (though obviously not unanimous support).
It will truly be a sad day if the Court strikes down Seattle’s de-segregation policy. How some justices believe that diversity in public education is not a compelling state interest, yet keeping two adults who love each other from marrying is within the purview of the state’s goals is simply beyond me.
Speaking of loving adults getting married, if you live in New Jersey, the Assembly may act on the Court’s mandate to give equal marriage rights to gay couples in the next couple of weeks. (The goal being to get the controversial decision out of the way before we even begin to approach the 2007 NJ election season.) I hear that only about a sixth of the 120-member state assembly members support gay marriage, but that fraction climbs every day. So, if you live in NJ, express your support for full rights by calling:

  • Governor Corzine, (609) 292-6000
  • Senate Pres. Codey (973) 731-6770
  • Assembly Speaker Roberts: (856) 742-7600

Let’s show these elected officials that compelling state interests start with the people’s interests!

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