Legal Question in Civil Rights Law in District of Columbia
Affirmative Action Laws
If, according to the ammendments to the U.S. Constitution, all men are created equal, why is Affirmative Action able to exist, making whites inferior?
1 Answer from Attorneys
Re: Affirmative Action Laws
I am going to assume you are asking this question in good faith, although clearly in a misguided manner, because, in all candor, it sounds like a racist question just by its tone. In any case, equal protection laws and affirmative action do not "make whites inferior". Rather, to summarize an immensely complicated issue and area of law, they simply seeks to level the playing field that was so unfairly skewed by slavery and decades of institutionalized, government-sanctioned discrimination. (For example, it was still common in the 70's to see "whites only" and "colored only" water fountain signs, although the Civil Rights Act had been in effect for 10 years.) They do this by seeking to ensure that everyone has equal access to all the rights and privileges inherent in our society - education, jobs, housing, etc.
Try to place yourself in the position of a person who is denied an interview, or a home loan, or access to a school, just because they are Black or Asian or Jewish, etc. If you could understand that problem for just a minute, you would understand why there is still a need for affirmative action and equality laws.
I am not saying that reasonable people can not disagree about affirmative action and how best to implement it. I am saying that we are still not an equal society, regardless of what the Constitution says, and there is thus a need for laws to regulate our behavior to help us continue to strive for that equality.
I hope that begins to help you see the other side of the coin on this issue. If you are interested in understanding it further, read some of the books about the Bakke decision (dealing with affirmative action), or "Black Like Me." Your local library should have them.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
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Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.