Home
/
RELIGION & LIBERTY ONLINE
/
Affirmative Action and the Imago Dei
Affirmative Action and the Imago Dei
Nov 28, 2025 5:11 AM

Race-based college admissions has been judged unconstitutional. So everything has finally been set right. Right?

Read More…

In the days since the Supreme Court handed down its landmark ruling in Students for Fair Admissions v. Harvard, the media have been saturated with sympathetic personal stories of plished people who claim they (or others claim) would never have had a chance at success without race-based affirmative action policies in college admissions. They are almost all from munities and graduated under trying circumstances from failing school districts, and sometimes from fractured plex family circumstances. They are almost always the children of the victims of the reprehensible and unequivocally condemnable Jim Crow laws that cast a long and pernicious shadow across our munities for most of the 20th century.

These pelling stories of lawyers, doctors, writers, journalists, and others who have found a level of success that their enslaved forebearers and actively segregated parents and grandparents could never have imagined. And they have undoubtedly contributed to American society in ways that everyone can appreciate. The end of affirmative action, they lament, is the end of opportunity for students like them and a regressive step as this nation seeks to grapple with its record on race.

As moving as these individual stories may be, the Supreme Court was right to find that these policies are unconstitutional. And yet, these programs have been halted as legitimate concerns about white supremacy (and not the insulting and absurd“woke” variety) is on the rise in circles much too close to the cultural and political mainstream. It is worth considering the promise and the problems with affirmative action, as well as its history at the Supreme Court if we are to chart a just pathway toward opportunity for all.

Affirmative Action at the Supreme Court

Allan Bakke was an older applicant to the University of California, Davis School of Medicine. Between his college graduation and application to medical school, Bakke served in the U.S. Marine Corps and worked at NASA as an engineer. He applied to UC Davis with exceptional test scores but was denied admission in two consecutive years and filed suit against the school claiming racial discrimination when minority applicants with lower test scores and GPAs were admitted under race-based admissions programs.

The resulting 1978 landmark Supreme Court decision, Regents of the University of California v. Bakke, was a Frankenstein’s monster of a plurality decision that resulted in a victory for Bakke but no clear rule emerging. Essentially, it seemed as if the Court by default had adopted a rule articulated by conservative Justice Lewis Powell in an opinion written for himself alone with concurrences from other justices limited to specific parts. Justice Powell pelling the university’s interest in the educational value of campus diversity. Graduates of UC Davis School of Medicine, so goes the argument, would enter a world much more diverse than the one in which they were trained to be physicians but for admissions policies that guaranteed a diverse student body. The Court clearly rejected quotas, but Justice Powell’s opinion allowed race to be explicitly considered among plex of factors considered for admissions. In 2003, in Grutter v. Bollinger, the Supreme Court clarified that Powell’s plurality opinion was, in fact, the position of the Court.

So affirmative action was allowed by the Court on narrow and shaky constitutional grounds. Bakke expressed extreme skepticism of race-based admissions policies generally. Justice Sandra Day O’Connor, writing for the majority in Grutter, even stated that the scheme would be unnecessary and illegal 25 years from the date of the decision (or by 2028) because of the progress that America would surely make in guaranteeing equitable es for all races. Interestingly, Justice Thomas expressed his agreement with the majority only on the point that such schemes would be illegal in 2028, just as they were, he argued, in 2003.

The Court in Students for Fair Admissions ruled that race-based admissions programs violated the 14th Amendment’s Equal Protection Clause, with Chief Justice Roberts writing that it applies “without regard to any difference of race, of color, or of nationality.” Roberts goes on to write that admissions schemes like the one employed by Harvard University “lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.” Affirmative action in college admissions is effectively dead.

The Promise and Problems of Affirmative Action

Slavery has rightly been called “America’s original sin,” and the further violence done to black Americans through Jim Crow segregation is a stain on this nation and in direct contradiction to its stated ideals. Race-based admissions policies were designed to provide an avenue for members of munity to gain access to education, and through education to professions formerly well out of the reach of their forebears.

Statistics purported to demonstrate the effectiveness of these programs, or the lack thereof, have as many interpretations as interpreters, and there is, quite frankly, no clear consensus as to whether these programs work to increase minority access to education. There are, as mentioned above, anecdotes that point to the success of individuals, but it is impossible to demonstrate a causal connection between affirmative action and individual success, especially as opposed to the elimination of legal barriers to opportunity that have occurred in the later part of the 20th century. But the question of effectiveness is moot if the practice itself runs afoul of the law. Our jurisprudence cannot be one of pragmatics if we hope to maintain a free and stable society. And until this case, the Court’s jurisprudence as represented in Grutter was certainly more pragmatic than legal, since the scheme was only contingently constitutional.

Notwithstanding, Lewis Powell was right in observing that campus diversity is important. He went too far, however, in concluding that it demanded discriminatory means to guarantee it. But no person of any race, sex, or viewpoint can truly excel in homogenous bubbles in a plural society. At some point, each of us will have colleagues, friends, and neighbors different from us in both superficial and meaningful ways, and we should know how to engage with them as equals.

This is the genius and the truth of the imago Dei: human diversity is as broad as humanity itself, but there is still an essential unity in that each unique and unrepeatable person bears the image of God. We truly are made for and made better munities of goodwill that seek the best for all members. The imago Dei is the basis of solidarity and the root of understanding that “all men are created equal, [and] endowed by their Creator with certain unalienable rights.” It is an atomized “rugged individualism” that understands our rights as something to assert over and against others and asks God, “Am I my brother’s keeper?” or asks a neighbor, “Am I obligated to have concern for your suffering?” It’s the personalist anthropology of the Christian tradition that affirms both that we are individual humans with dignity and worth and part of the human collective.

Because we are all unique and unrepeatable, people are much plex than race-based admissions programs acknowledge or are even capable of capturing. The reality is that there are multiple axes of diversity, and not all axes are relevant to every context. No group defined along any axis is monolithic—not all women hold all things mon. Not all black or white or Asian people hold all things mon. Not all wealthy or poor people hold all things mon. The point is that none of these aspects of identity holistically defines any member or all members of a particular group. Affirmative action, by checking boxes based on one or even a few axes of diversity, cannot equitably take into consideration enough of the factors of inequality pensate for the things that can make life unfair. In attempting to use such programs to cure one social ill, new resentments are created and old ones are intensified as those who hold underprivileged positions on different axes of diversity are afforded no equivalent special opportunities.

No Easy Solutions

No matter the urgency of a social ill, we should not twist our Constitution into modating well-meaning attempts to cure those ills. For those of us who agree with the Supreme Court in Students for Fair Admissions, we would do well to remember that while this is a victory for a return to responsible constitutional jurisprudence, the architects of affirmative action were not motivated by malice. It could be that this was the most tenable among inelegant solutions to a pressing social issue.

But what happens this fall as applications to Harvard start to roll in? The university has leapt upon this statement from Chief Justice Roberts’ opinion: “Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration or otherwise.” Harvard obviously understands this to be a loophole. And the reality is that it probably will be employed as such. But the chief justice is right—holistic consideration of applicants includes all the various forces that have shaped them, which includes racial factors. But this is not just true for a black applicant from a failing school district and broken home; it’s also true for a white applicant from munity in Appalachia beset with drug problems and poverty. Hopefully Harvard really will agree with the Roberts “that the touchstone of an individual’s identity is not…the color of their skin.”

Unfortunately, there are no easy solutions to the racial and social tensions that plague us. But a good starting point is to recognize and respond to the image of God as it presents itself in our neighbors, and to remember that while we are certainly different in big and small ways, we share at least that mon. Our attempts to resolve these tensions will be and have been halting, difficult, and suffer many setbacks. But in solidarity with our neighbors, with whom we share God’s image, we can imperfectly work toward just resolutions that the Constitution of our democratic republic allows the space to pursue.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Acton University Evening Speaker: William B. Allen
We are about a month away from Acton University, and another keynote speaker is William B. Allen. He is an expert in the American founding and U.S. Constitution; the American founders; the influence of various political philosophers on the American founding. He is Emeritus Professor of Political Philosophy in the Department of Political Science and Emeritus Dean, James Madison College, at Michigan State University. Currently he serves as Visiting Senior Professor in the Matthew J. Ryan Center for the Study...
Education Choice Helps Minorities
Sometimes parents in e areas get a bad rap. Many are thought to be negligent and uncaring about their children’s education and futures. While that may be true in some extraordinary cases, you will rarely ever meet a parent who wants to enroll their child in a low-performing school. In fact, research suggests that when parents are given free choice about where to place their children in school, they will choose the best school they can find. The positive es...
Sisters’ Proxy Resolutions Dilute Catholic ‘Brand’
Standing up for religious principles in an increasingly secularized and politicized country has e extremely difficult for religious and clergy. It doesn’t help their spiritual causes when these very same religious and clergy cannot delineate between what their respective faiths teach and what is simply the desire to attain a political or economic result. For example, the Sisters of St. Francis of Philadelphia, a member of the Interfaith Counsel on Corporate Responsibility, have issued a shareholder proxy resolution to Walgreens...
German Homeschoolers Denied Asylum in U.S.
On Tuesday, the 6th Circuit Court of Appeals said that Uwe and Hannelore Romeike along with their children were not persecuted by the German government and will not be granted asylum in the United States. According to the Religion News Service, the Romeikes wanted to home school their children, fearing public education would discourage “Christian values.” The German government levied thousands of dollars of fines on the family and threatened to take away their children. The Romeikes fled Germany and...
Sebelius Asks Health Care Industry For ‘Donations’ To Prop Up Obamacare
While the Obama administration is busy dealing with the IRS scandal, the Benghazi scandal and the seizure of reporters’ phone records, HHS Secretary Kathleen Sebelius is skirting around a problem as well. Sebelius has been asking for donations for Obamacare costs from the very people and industry who will be charged with implementing it and getting government money to do so. Health and Human Services Secretary Kathleen Sebelius has gone, hat in hand, to health industry officials, asking them to...
Free primary education is a fundamental good. Isn’t it?
Private schools are for the privileged and those willing to pay high costs for education; everyone else attends public school or seeks alternate options: this is the accepted wisdom. In the United States, the vast majority of students at the primary and secondary level attend public school, funded by the government. When considering education in the developing world, we may hold fast to this thinking, believing that for those in severely impoverished areas, private education is an unrealistic and scarce...
Advice for College Graduates on Money, Meaning, and Mission
Yesterday, Jordan Ballor explored the relationship betweenmoney and happiness, referring to money as “a good, but not a terminal good,” and pointing to Jesus’ reminder that “life does not consist in an abundance of possessions.” Over at Café Hayek, economist Russ Roberts offers a panion to this, advising college graduates to have a healthy perspective about money and meaning when entering the job market: Don’t take the job that pays the most money. Nothing wrong with money, but it’s the...
Affirmative Action Limits Opportunities For Asian Americans
One of the realities of using race to socially engineer the racial make-up of college freshman classes by elite decision-makers, is that it does nothing but perpetuate the injustice of institutional and planned discrimination. This is the greatest irony of affirmative action education policy. The attempt to redress past injustices does nothing but set the stage for new forms of injustice against other groups. Today, Asian-American high-school students are faced with the reality that, if they are high achievers, top...
Senator Cornyn Quotes Lord Acton on Abuse of Power
Senator John Cornyn (R-Texas) took to the Senate floor yesterday and quoted Lord Acton’s well known dictum, “Power tends to corrupt and absolute power corrupts absolutely.” There’s a partisan bite to his words, but he mostly warns against the grave dangers and tyranny under concentrated and centralized power. Cornyn of course, is addressing the multitude of scandals blowing up in Washington, many of them linked to the White House. He also admits corruption has been a problem under both political...
Evangelical and Catholic Leaders Claim IRS Harrassment
After the recent admission by the IRS that employees targeted conservative groups, two prominent Christians e forward claiming they too were harassed for their political views. Franklin Graham, son of the famed evangelist, and Dr. Anne Hendershott, a Catholic professor and author, say they were audited by the IRS after making political statements that criticized liberal political groups. Franklin Graham recently sent a letter to President Obama saying that he believes his organization was also unfairly targeted for extra scrutiny...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved