How the Supreme Court's Affirmative Action Ruling Could Affect Washington Universities and BIPOC Students

by Christopher Lara

Last week, the U.S. Supreme Court in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ruled that Harvard College and the University of North Carolina's usage of affirmative action violated the 14th Amendment of the U.S. Constitution. With the ruling, The Supreme Court has mandated that race can no longer be a factor in college admissions.

First coined under President John F. Kennedy's Executive Order 10925 in 1961, "affirmative action" was created to "ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin." With this order, and the subsequent strengthening by President Lyndon B. Johnson's Executive Order 11246, colleges and universities have used affirmative action to allow for more BIPOC student enrollment.

Despite its use to enroll historically underrepresented students, eight states have enacted laws banning affirmative action, including Washington State, which banned affirmative action in 1998 under Initiative 200. As a result, Washington State government entities, including public colleges and universities, cannot "grant preferential treatment" to "any individual or groups on the basis of race, sex, color, ethnicity or national origin."

Gov. Jay Inslee, one opponent of Initiative 200, responded to the Supreme Court's ruling with a statement criticizing Republican Supreme Court justices and reaffirming Washington's commitment to spreading diversity across the state.

"These Republican-appointed judges have again shown their disdain for well-established principles of American law. They've demonstrated they are blind to the fact that our long history of racism contributes to the opportunity barriers ethnic minorities still face today," Gov. Inslee said. "Our state will continue advancing the cause of equity in higher education and government."

With Washington public colleges and universities already not actively considering race in their admissions, their admissions process is unlikely to change. However, when reached for comment, public institutions such as Bellevue College reaffirmed their commitment to diversity: "We are resolute in our mission to foster a diverse, inclusive, and welcoming environment that respects and acknowledges the inherent worth of every individual," said Yves Martin, communications manager. "Bellevue College's dedication to these principles remains firm and intact."

Unlike public universities, private universities in Washington have not actively removed race from their admissions process. And with the recent Supreme Court ruling, private universities like Seattle University and Northwest University say they remain committed to supporting diversity on their campuses.

Seattle University President Eduardo Pealver released a statement in which he reaffirmed the Jesuit University's commitment to diversity. "It is also ultimately rooted in our Jesuit, Catholic character," he said. "At Seattle University, we will continue to use every tool consistent with the law to create and sustain a diverse and inclusive academic community."

Northwest University President Joseph Castleberry also released a statement, saying the recent decision would not affect Northwest University's admissions process, with religious faiths already accounting for diversity across the campus. "We tend to attract serious students who perform well academically, while also attracting a diverse student body that tends to mirror closely the population of Washington. Pentecostal and Charismatic churches tend to be highly diverse, and at least 41% of the members of our sponsoring denomination, the Assemblies of God, represent minority ethnic and racial populations."

With the discussion surrounding affirmative action in schools centered on how this will affect universities across Washington and the country, the discussion often leaves out the group affirmative action was meant to help: BIPOC students. In states where affirmative action has been banned, the number of BIPOC students has decreased dramatically. Since the 1998 Washington ban on affirmative action, as reported by The Seattle Times, "the number of Black freshmen at public universities dropped by 13%, Hispanic students by 10% and Native American students by nearly 19%."

In the aftermath of the Supreme Court's decision, these falling college admission rates will likely impact the BIPOC community nationally, and both public and private college admissions offices that want to prioritize equality will have to rethink their methods of preventing discrimination and promoting diversity.

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