Home
/
RELIGION & LIBERTY ONLINE
/
Affirmative Action and the Imago Dei
Affirmative Action and the Imago Dei
Dec 12, 2025 1:30 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
The Duke Case in review: justice prevails, virtue interprets
Anthony Bradley revisits the case of the Duke lacrosse team, and finds that most everyone involved — including op-ed pundits — had something to learn from the scandal. “This case reminds us that broken, weak-willed women can easily be taken advantage of and can easily deceive,” he writes. “America was ‘called out’ as a culture more concerned about its kids’ achievements than their moral formation.” Read the mentary here. ...
2007 Acton Lecture Series: The Crisis of Europe: Benedict XVI’s Analysis and Solution
Dr. Samuel Gregg – “Acton’s Chief Thinker,” according to our Executive Director Kris Mauren – put his thinking skills on display yesterday as part of the 2007 Acton Lecture Series, delivering an address entitled “The Crisis of Europe: Benedict XVI’s Analysis and Solution.” By any standard of civilization growth and decline, Europe is in crisis. Marked by collapsing birthrates, stagnating economies, and denial of its historical roots, Western Europe appears headed for cultural suicide. In his lecture, Dr. Gregg outlined...
The complexity of ‘green’ computing
As I alluded in a post last week, a number of EU governments are intent on making a switch from Windows to Linux operating systems. Part of the reason for this is the ostensibly cheaper cost of using open source software as opposed to proprietary systems. According to reports out of the UK, “Shadow chancellor George Osbourne has estimated that the UK government could save in excess of ꍠ0 million a year if more open source software was deployed across...
Population: ultimate problem of all problems
Over at the Huffington Post blog, David Roberts, a staff writer for Grist.org, describes the relationship between activist causes, like women’s reproductive rights and “sustainable development,” and population control. Roberts says he doesn’t directly address the problem of over-population because talking about it as such isn’t very effective. Apparently, telling people that they and their kids very existence is the “ultimate problem of all problems” doesn’t resonate very well. It “alienates a large swathe of the general public,” you know,...
Registration is now open for the Grand Rapids Premiere
The Call of the Entrepreneur, Acton’s new documentary on the importance of entrepreneurs in society, premieres in Grand Rapids on May 17, 2007. The film will begin at 7:00pm at Celebration Cinema North with a reception to follow, and a VIP reception will be held beforehand at 6:00pm. If you have not yet heard about The Call of the Entrepreneur you can read a bit more here and here, and be sure to visit . If you have been anxiously...
The 100-mile suit
In the film The Pursuit of Happyness (review here), there’s a scene where Will Smith’s character arrives late for an interview with a stock brokerage firm and has no shirt on. The conversation goes like this: Martin Frohm: What would you say if man walked in here with no shirt, and I hired him? What would you say? Christopher Gardner: He must have had on some really nice pants. Well, what would you say if you interviewed someone and they...
Sailing to Byzantium with Avatars
Socrates in some sense e full circle. In a case of life imitating art, researchers at the University of Illinois at Chicago and the University of Central Florida in Orlando have received a grant to create life-like virtual representations of historical figures, with whom students can interact, dialogue, and inquire (HT: Slashdot). “The goal is bine artificial intelligence with the latest advanced graphics and video game-type technology to enable us to create historical archives of people beyond what can be...
Open source, closed markets
John Berthoud of the National Taxpayers Union has a piece in today’s Washington Examiner about the battle between Microsoft and the European Commission. Berthoud writes that it is part of a larger “anti-American” program, and “another example of old-guard European protectionism.” Berthoud writes, “The EC’s actions against Microsoft are not isolated. It has acted against other American businesses as well. For instance, in 2001 the EC blocked General Electric’s planned acquisition of Honeywell. Assistant U.S. Attorney General Charles A. James...
Two new PowerBlog contributors
I’m pleased to announce that the Acton Institute PowerBlog has added two new contributors to our cast of mentators. Dr. E. Calvin Beisner, national spokesman for the Interfaith Stewardship Alliance, associate professor of historical theology and social ethics at Knox Theological Seminary, and adjunct scholar at the Acton Institute, will be posting some of the ments and links from his periodic Interfaith Stewardship Alliance Newsletter. Dr. Beisner is an author and lecturer on the application of Biblical worldview and theology...
Lotteries and merit
One of my favorite industries to criticize is the state-run lottery business. Philosopher William F. Vallicella writes the following: “Your chances of a significant win are next-to-nil. But suppose you win, and suppose you manage to not have your life destroyed by your ‘good fortune.’ The winnings are arguably ill-gotten gains. The money was extracted via false advertising from ignorant rubes and is being transferred via a chance mechanism to someone who has done nothing to deserve it” (HT: the...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved