Home
/
RELIGION & LIBERTY ONLINE
/
Affirmative Action and the Imago Dei
Affirmative Action and the Imago Dei
Feb 24, 2026 12:46 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
Religion & Liberty: The Moral Crisis of Crony Capitalism
Today’s new rich is the “government rich” according to Peter Schweizer. Massive centralization of money, resources, and regulation has allowed our public servants and many big businesses to thrive. The poor, new business start ups, the taxpayer, and the free market are punished. Washington and corporate elites profit from the rules and regulations they create for their own benefit and their cronies. As daily news reports currently reminds us, Washington is a cesspool of corruption and abuse of power. It’s...
How to Measure an Economy
Among the most significant economic challenges in America today is getting Americans to understand what an economy is. When the Latin term oeconomia was first used in the 1500s it meant “household management.” A few centuries later, the term political economy was used in reference to the economies of states or polities. It wasn’t until the modern era, though, that “economy” became to refer primarily to the production and distribution of national e and wealth and lost almost all connection...
Virginia Power Company Prudently Rejects Renewable Mandate Resolution
One of the greatest benefits of living in the United States is our access to plentiful, affordable domestic energy. These benefits extend to the nation’s poor who enjoy an unprecedented wealth of heat in the winter and air conditioning in the summer, plentiful light in the evening hours and electronic devices that power up at the press of a button. Driving up costs for energy forces a itant rise in costs to consumers in every strata of society. Such has...
If ‘Disability’ Were a U.S. State It Would Be the 8th Most Populous
In March I wrote about the government’s largest—and mostly hidden—social safety net: federal disability programs. The government spends more money each year on cash payments for these Americans than it spends on food stamps and bined. This group is so large that if every family receiving disability payments were put into one state it would rank eighth in ing in after Ohio but ahead of Georgia: The total number of people in the United States now receiving federal disability benefits...
Peter Schweizer Talks Congressional Insider Trading
In his bestseller, Throw Them All Out, Peter Schweizer declares, “The Permanent Political Class has no sense of urgency to change because, for them, business is good.” Schweizer, who is interviewed in the latest issue of Religion & Liberty, appeared today on the Mike Huckabee radio show to talk congressional insider trading. Schweizer told Huckabee that “Big government creates big profits for people that are in power.” Schweizer added that this is not a partisan problem but a human problem...
Why Jesus is (Probably) Not a Keynesian
In a recent interview with Peter Enns, author and theologian N.T. Wright notes that in America, “the spectrum of liberal conservative theology tends often to sit rather closely with the spectrum of left and right in politics,” whereas, in other places, this is not quite the case: In England, you will find that people who are very conservative theologically by what we normally mean conservative in other words, believing in Jesus, believing in his death and resurrection, believing in the...
Enterprise is the Most ‘Effective Altruism’
Many of you know Jay Richards from his regular lecturing at Acton University. He has a newly co-authored piece in The Daily Caller, “Enterprise is the most ‘effective altruism.’” There’s more to be said on plex issue of helping the poor than can be put in a single op-ed, of course, but there’s some great food for thought here, particularly for those who view business and markets as necessarily part of the problem. Jay and Anne Bradley use the example...
Reclaiming Feminism
AEI Scholar Christina Hoff Sommers is on a quest to reclaim feminism. Her new book, Freedom Feminism and Why It Matters Today, explores why so many women today reject the title of “feminist.” She discusses the topic further in the following video. ...
Art and the Common Good
Reformed theologian Abraham Kuyper, in his work Wisdom & Wonder, explores humanity’s relationship to creativity: Whereas idol worship leads away from the spiritual, obscures the spiritual, and drives it into the background, symbolic worship by contrast possesses the capacity, by repeatedly connecting the visible symbol with the spiritual, to direct a people still dependent on the sensuous toward the spiritual and to nurture that people unto the spiritual. Art should lead us to look beyond the created object, the artist...
Commentary: The Progressive Captivity of Orthodox Churches in America
Rev. Johannes L. Jacobse looks at what was behind the criticism of St. Vladimir’s Orthodox Theological Seminary’s partnership with the Acton Institute on a recent poverty conference. He points out that some who adhere to the “ancient faith” of Eastern Orthodoxy have very left-leaning ideas about economics and politics. The poverty conference, Fr. Hans writes, reveals to Orthodox Christians that their thinking on poverty issues is underdeveloped and that those who objected “relied solely on ideas drawn from Progressive ideology.”...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved