Education: Equity for All

Education has been one of the most significant arenas for social change related to our rights as Americans. And the effects of that change have significantly impacted other power dynamics in society. You need look no further than the landmark case Brown v. Board of Education of Topeka (1954) to see how our nation has responded passionately in civil and uncivil ways to appeals for equity and inclusion in public education.

For much of the 20th century, African Americans lived under government-sanctioned separation better known as segregation. Not only were schools segregated, but Jim Crow laws allowed for legal separation in transportation, hospitals, parks, restaurants, theaters, and just about every aspect of public life. These laws enacted that there be “Whites only” water fountains and restrooms. Only White people could enter the front door of a restaurant or sit on the main level of a movie theater, while African Americans had to enter through the back door and sit in the balcony. The segregation also included Mexican Americans and Catholics, who were forced to attend separate schools. Brown v. Board of Education was a landmark Supreme Court case that challenged the interpretation of the Fourteenth Amendment to the Constitution of the United States. The case involved the father of Linda Brown suing the Topeka, Kansas, board of education for denying his daughter the right to attend an all-White school. Oliver Brown maintained that segregation left his Black community with inferior schools, a condition counter to the equal protection clause contained in Section I of the Fourteenth Amendment:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

There was widespread heated opposition to desegregated education across the country. Passions were even more severe after Brown v. Board of Education was won by the plaintiff on appeal to the United States Supreme Court. In effect, the case changed the power dynamics in America by leveling the playing field for education. No longer were White schools (and their better resources) legally segregated. In principal, there was equity—equal access.

Debates in the courtrooms surrounding Brown were passionate but professional. Protests and debate in those communities directly affected by the decision, especially in the South, were intense, violent confrontations that demonstrated the height of incivility. One thing you may notice about uncivil behavior is the difficulty most have looking back on those actions.

After the Brown v. Board of Education decision, Americans pursued their rights for equal education in other districts. In Arkansas, a group of teenagers, which would come to be known as the Little Rock Nine, were blocked from entering a formerly Whites-only school. Facing angry protestors, the state governor, and even the National Guard, the nine students finally took their rightful place in the school after a judge ruled in their favor and President Eisenhower sent the 101st Airborne Division to secure the situation. (Credit: Courtesy of the National Archives, sourced from The US Army / Flickr / Attribution 2.0 Generic (CC-BY))

Educational institutions like colleges and school districts are critically important spaces for equity and inclusion, and debates around them remain challenging. Transgender students in America’s schools face discrimination, harassment, and bullying, which causes nearly forty-five percent of LGBTQ+ students to feel unsafe because of their gender expression and sixty percent of them to feel unsafe due to their sexual orientation. Many of these students miss school or experience significant stress, which usually has a negative impact on their grades, participation, and overall success.^[1] In essence, this hostility creates inequality. Regardless of individual state or district laws on bathroom use and overall accommodation, federal law protects all students from discrimination, especially discrimination based on categories such as gender. But implementation of these federal protections varies, and, in general, many outside of the transgender community do not fully understand, empathize with, or support transgender rights.

How can the circumstances improve for transgender students? In other societal changes throughout our nation’s history, court decisions, new legislation, protests, and general public opinion combined to right past wrongs and provide justice and protection for mistreated people. For example, in 2015, the Supreme Court upheld the right to same-sex marriage under the Fourteenth Amendment. Just as African Americans publicly debated and protested educational inequality, the gay community used discussion, protest, and debate to sway public and legal opinion. Proponents of gay marriage faced fervent argument against their position based on religion and culture; like other minority groups, they were confronted with name-calling, job insecurity, family division, religious isolation, and physical confrontation. And as has often been the case, success in achieving marriage equality eventually came through the courts.

Legal remedies are significant, but can take a very long time. Before transgender students see success in the courts or legislatures, these students will continue to undergo harsh treatment. Their lives and education will remain very difficult until people from outside their community better understand their situation.

Affirmative Action and Higher Education

Affirmative action is a policy that began during the John F. Kennedy administration to eliminate discrimination in employment. Since that time, affirmative action has expanded as a policy to protect from discrimination in a number of contexts, including higher education. Most notably in higher education, affirmative action has been used to create equity in access. Institutions have used affirmative action as a mandate of sorts in admission policies to create diverse student bodies. Colleges sometimes overlook traditional admissions criteria and use socioeconomic and historical disparities in education equity as criteria to admit underrepresented groups. Affirmative action is a federal requirement to be met by entities that contract with the federal government; most colleges are federal government contractors and must adhere to the policy by stating a timeline by which its affirmative action goals are met.

Many people interpret goals as quotas, meaning that a certain number of students from underrepresented groups would be admitted, presumably to meet affirmative action requirements. Opposition to affirmative action in college admissions has been pursued in several well-known court cases.

Regents of the University of California v. Bakke

This 1978 case resulted in a US Supreme Court decision to allow race to be used as one of the criteria in higher education admission policies as long as quotas were not established and race was not the only criterion for admission. The case stemmed from Alan Bakke, an applicant to the University of California at Davis Medical School, who sued the university because he was not admitted but had higher test scores and grades than minority students who had been accepted. Lawyers for Bakke referenced the same equal protection clause of the Fourteenth Amendment used to desegregate public schools in Brown v. Board of Education. The reverse discrimination denied him equal protection under the law.

Fisher v. University of Texas

In 2016, the US Supreme Court decided another affirmative action case regarding Fisher v. University of Texas. Abigail Fisher also argued that she had been denied college admission based on race. The case ended in favor of the university. Justice Kennedy, in the majority opinion, wrote

A university is in large part defined by those intangible “qualities which are incapable of objective measurement but which make for greatness.” Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission.

In each of the above landmark cases, affirmative action in college admission policies were upheld. However, cases of reverse discrimination in college admission policies continue to be pursued.

Title IX and Higher Education

Title IX of the Education Amendments of 1972 states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” As with affirmative action, Title IX applies to institutions that receive federal funding, such as public and charter schools, for-profit schools, libraries, and museums in the United States and its territories.

According to the Office for Civil Rights, educational programs and activities receiving federal funds must operate in a nondiscriminatory manner. Title IX addresses recruitment, admissions, counseling, financial assistance, athletics, sex-based harassment, treatment of pregnant and parenting students, discipline, single-sex education, and employment. Before the enactment of Title IX, there were few if any protections provided for female college students. To give some perspective, consider this description of the circumstances:

“Young women were not admitted into many colleges and universities, athletic scholarships for women were rare, and math and science was a realm reserved for boys. Girls square danced instead of playing sports, studied home economics instead of training for ‘male-oriented’ (read: higher-paying) trades. Girls could become teachers and nurses, but not doctors or principals; women rarely were awarded tenure and even more rarely appointed college presidents. There was no such thing as sexual harassment because ‘boys will be boys,’ after all, and if a student got pregnant, her formal education ended. Graduate professional schools openly discriminated against women.”^[2]

The protections of Title IX have been invoked in college athletics to ensure women’s athletic programs are sustained. In addition, schools must make efforts to prevent sexual harassment and violence. Gender discrimination under Title IX extends to the protection of transgender students so that they are treated as the gender they identify with.

Now that we’ve examined some of the historical background and legal landscape of diversity in higher education, let’s explore the positive effects of diversity in an educational setting.

Positive Effects of Diversity in an Educational Setting

Why does diversity matter in college? It matters because when you are exposed to new ideas, viewpoints, customs, and perspectives—which invariably happens when you come in contact with diverse groups of people—you expand your frame of reference for understanding the world. If you approach diverse settings with cultural competency, you are able to learn about the experiences of others and your thinking becomes more open and global.

More than half of all US babies today are people of color, and by 2050, the United States will have no clear racial or ethnic majority. By 2050, half the workforce will comprise persons of color.^[3] These statistics underscore the importance of cultural competency in an increasingly diverse American society and workforce. When approached with an open mind and a willingness to learn, diverse environments can produce many benefits.

Academic Freedom Allows for Honest Conversations

Academic freedom applies to the permission instructors and students have to follow a line of intellectual inquiry without the fear of censorship or sanction. There are many heavily contested intellectual and cultural debates that, for some, are not resolved. A student who wants to argue against prevailing opinion has the right to do so based on academic freedom. Many point to a liberal bias on college campuses. Conservative points of view on immigration, education, and even science, are often not accepted on campus as readily as liberal viewpoints. An instructor or student who wants to posit a conservative idea, however, has the right to do so because of academic freedom.

Uncomfortable conversations about diversity are a part of the college classroom landscape. For example, a student might use statistical data to argue that disparities in degrees for men and women in chemistry reflect an advantage in analytical ability for men. While many would disagree with that theory, the student could pursue that topic in a discussion or paper as long as they use evidence and sound, logical reasoning.

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