I believe, with most issues, the correct answer lies somewhere in the middle of the Use the toughest test vs context matters. It is certainly true that the 14th was written to protect Black Americans but to make the connection that race conscious laws are implemented just to fix inequality oversimplifies the issue and minimizes the significance of the 14th amendment by engaging in similar behavior albeit with a much better motive.
However, the “who decides what’s good” argument is not particularly strong either. Policy invites conflict. Stakeholders will disagree about the supposed benefits regardless of the topic. That does not mean a proposal is automatically suspect just because the topic is controversial.
The most egalitarian scenario may be blind applications (although zip codes and schools attended would make this difficult to implement) where it is impossible to perceive one’s race, thereby making it impossible for race to be either a benefit or hindrance. But, until we advance as a country to become one that is truly equal, where the circumstances of one’s birth do not result in any obstacles on the basis of one’s skin color, then race based policies will likely continue to be used to account for intangibles that could never show up in a transcript.
I believe, with most issues, the correct answer lies somewhere in the middle of the Use the toughest test vs context matters. It is certainly true that the 14th was written to protect Black Americans but to make the connection that race conscious laws are implemented just to fix inequality oversimplifies the issue and minimizes the significance of the 14th amendment by engaging in similar behavior albeit with a much better motive.
However, the “who decides what’s good” argument is not particularly strong either. Policy invites conflict. Stakeholders will disagree about the supposed benefits regardless of the topic. That does not mean a proposal is automatically suspect just because the topic is controversial.
The most egalitarian scenario may be blind applications (although zip codes and schools attended would make this difficult to implement) where it is impossible to perceive one’s race, thereby making it impossible for race to be either a benefit or hindrance. But, until we advance as a country to become one that is truly equal, where the circumstances of one’s birth do not result in any obstacles on the basis of one’s skin color, then race based policies will likely continue to be used to account for intangibles that could never show up in a transcript.