NOVEMBER TERM, 2014
Justice JACKSON, A., writing for the majority
SUPREME COURT OF THE UNITED STATES
WEST CENTRAL DIXIE STATE UNIVERSITY v. THE ASIAN SOCIETY AND THE SONS OF THE CONFEDERACY
CERTIORARI TO THE UNITED STATES CIRCUIT COURT OF APPEALS
*Decided November 7, 2014*
West Central Dixie State University was once known as a stronghold of the Old South and Jim Crow policies. The all-segregated university was known for resisting efforts by civil rights activists and federal courts to bring integration to the school in the late 1950’s and early 1960’s. The racial intolerance that West Central Dixie State University once proudly stood for was soon dispersed with the help of legislation like the Voting Rights Act of 1965 and the increased emergence of a more progressive generation to southern politics. . West Central Dixie State University is now known as a beacon for the ideology of multiculturalism. The university 's commitment to multiculturalism can be seen through aspects like the changed curriculum, admission policies, academic departments and especially the university-assisted student organizations on campus. The university even adopted the theory of “positive segregation”, to further encourage the university-assisted student organizations in order to promote multiculturalism. The African-American and Latino students were granted what could be considered special privileges in lieu of positive segregation. These groups were granted privileges like separate student housing, yearbooks, student unions and speakers series, all of which was funded by the university. Social separation was encouraged so much to the point that the only place the university was actually integrated was in the classroom. West Central Dixie State University’s policy of positive segregation has been challenged as being unconstitutional. In support of this charge, the critics of the policy have highlighted the current case that has been brought against the university. The case was spawned from two separated incidents concerning the University’s treatment of non-Latino and non-African American students. The first incident occurred between the university and members of the Asian American student population. The Asian American student body made up about two percent of West Central’s student population. Despite their minority status, the students were not awarded the same benefits of other minority student groups on campus. The Students Asian Society, a recognized student organization, petitioned the university’s dean of Student Affairs for the same treatment that was given to other minority student organizations. The Students Asian Society request was rejected for the following reasons; Asian-American students, compared to other racial groups, have higher grade point averages, they have little difficulty assimilating with White Americans, and Asian Americans have not experienced the degree of discrimination that African American students have experienced. The second incident occurred …show more content…
The Supreme Court has implemented the application of different tests depending on the type of categorization and its effect on an individual’s rights. The court normally finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." However, the Supreme Court has applied more stringent analysis in different cases. The Court will "strictly scrutinize" a case to make sure the case is being handled correctly. In order for a law or rule to be subject to strict scrutiny, it must show that the law or its implementation was meant to be discriminatory and that would determine whether the law is unconstitutional. In the Supreme Court case San Antonio School District v. Rodriguez, parents from the Mexican-American community brought a lawsuit before the courts stating the State’s system of funding schools based on property taxes denied students in poor districts equal protection. The court relied on strict judicial scrutiny to conclude that the school district needed to show a compelling state interest to justify the way they were funding the …show more content…
The Asian Society and the Sons of the Confederacy, the Court has put the policy of positive segregation under strict judicial scrutiny to conclude whether or not it has violated the Equal Protection Clause. The court affirms the initial ruling for the Asian Society because in the process of placing racial classification on the student groups, West Dixie has neglected to extend benefits to all races with a history of discrimination. Therefore the implementation of the policy “positive segregation” when determining whether the Asian Society should have the same benefits as other races has been found to be discriminatory, which makes the policy
Justice JACKSON, A., writing for the majority
SUPREME COURT OF THE UNITED STATES
WEST CENTRAL DIXIE STATE UNIVERSITY v. THE ASIAN SOCIETY AND THE SONS OF THE CONFEDERACY
CERTIORARI TO THE UNITED STATES CIRCUIT COURT OF APPEALS
*Decided November 7, 2014*
West Central Dixie State University was once known as a stronghold of the Old South and Jim Crow policies. The all-segregated university was known for resisting efforts by civil rights activists and federal courts to bring integration to the school in the late 1950’s and early 1960’s. The racial intolerance that West Central Dixie State University once proudly stood for was soon dispersed with the help of legislation like the Voting Rights Act of 1965 and the increased emergence of a more progressive generation to southern politics. . West Central Dixie State University is now known as a beacon for the ideology of multiculturalism. The university 's commitment to multiculturalism can be seen through aspects like the changed curriculum, admission policies, academic departments and especially the university-assisted student organizations on campus. The university even adopted the theory of “positive segregation”, to further encourage the university-assisted student organizations in order to promote multiculturalism. The African-American and Latino students were granted what could be considered special privileges in lieu of positive segregation. These groups were granted privileges like separate student housing, yearbooks, student unions and speakers series, all of which was funded by the university. Social separation was encouraged so much to the point that the only place the university was actually integrated was in the classroom. West Central Dixie State University’s policy of positive segregation has been challenged as being unconstitutional. In support of this charge, the critics of the policy have highlighted the current case that has been brought against the university. The case was spawned from two separated incidents concerning the University’s treatment of non-Latino and non-African American students. The first incident occurred between the university and members of the Asian American student population. The Asian American student body made up about two percent of West Central’s student population. Despite their minority status, the students were not awarded the same benefits of other minority student groups on campus. The Students Asian Society, a recognized student organization, petitioned the university’s dean of Student Affairs for the same treatment that was given to other minority student organizations. The Students Asian Society request was rejected for the following reasons; Asian-American students, compared to other racial groups, have higher grade point averages, they have little difficulty assimilating with White Americans, and Asian Americans have not experienced the degree of discrimination that African American students have experienced. The second incident occurred …show more content…
The Supreme Court has implemented the application of different tests depending on the type of categorization and its effect on an individual’s rights. The court normally finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." However, the Supreme Court has applied more stringent analysis in different cases. The Court will "strictly scrutinize" a case to make sure the case is being handled correctly. In order for a law or rule to be subject to strict scrutiny, it must show that the law or its implementation was meant to be discriminatory and that would determine whether the law is unconstitutional. In the Supreme Court case San Antonio School District v. Rodriguez, parents from the Mexican-American community brought a lawsuit before the courts stating the State’s system of funding schools based on property taxes denied students in poor districts equal protection. The court relied on strict judicial scrutiny to conclude that the school district needed to show a compelling state interest to justify the way they were funding the …show more content…
The Asian Society and the Sons of the Confederacy, the Court has put the policy of positive segregation under strict judicial scrutiny to conclude whether or not it has violated the Equal Protection Clause. The court affirms the initial ruling for the Asian Society because in the process of placing racial classification on the student groups, West Dixie has neglected to extend benefits to all races with a history of discrimination. Therefore the implementation of the policy “positive segregation” when determining whether the Asian Society should have the same benefits as other races has been found to be discriminatory, which makes the policy