Bunk to Diversity

I am not a fan of Brown v. Board of Education(1954), as I have so written.   Having said that, neither am I fan of hijacking Brown,  The case prohibited segregation in public primary schools.   Today there is virtually no, if any,  school segregation.

Rather Brown has  been bastardized to justify diversity.   De-segregation is not diversity.  Justice Clarence Thomas:

Because this Court has authorized and required race-based remedial measures to address de jure segregation, it is important to define segregation clearly and to distinguish it from racial imbalance. In the context of public schooling, segregation is the deliberate operation of a school system to “carry out a governmental policy to separate pupils in schools solely on the basis of race.” Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U. S. 1, 6 (1971); see also Monroe v. Board of Comm’rs of Jackson, 391 U. S. 450, 452 (1968). In Brown, this Court declared that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. Swann, supra, at 6; see also Green v. School Bd. of New Kent Cty., 391 U. S. 430, 435 (1968) (“[T]he State, acting through the local school board and school officials, organized and operated a dual system, part ‘white’ and part ‘Negro.’ It was such dual systems that 14 years ago Brown I[, 347 U. S. 483,] held unconstitutional and a year later Brown II[, 349 U. S. 294 (1955)] held must be abolished”).¹

     Racial imbalance is the failure of a school district’s individual schools to match or approximate the demographic makeup of the student population at large. Cf. Washington v. Seattle School Dist. No. 1, 458 U. S. 457, 460 (1982). Racial imbalance is not segregation.² Although presently observed racial imbalance might result from past de jure segregation, racial imbalance can also result from any number of innocent private decisions, including voluntary housing choices. See Swann, supra, at 25-26; Missouri v. Jenkins, 515 U. S. 70, 116 (1995) (Thomas, J., concurring). Because racial imbalance is not inevitably linked to unconstitutional segregation, it is not unconstitutional in and of itself. Dayton Bd. of Ed. v. Brinkman, 433 U. S. 406, 413 (1977); Dayton Bd. of Ed. v. Brinkman, 443 U. S. 526, 531, n. 5 (1979) (“Racial imbalance … is not per se a constitutional violation”); Freeman v. Pitts, 503 U. S. 467, 494 (1992); see also Swann, supra, at 31-32; cf. Milliken v. Bradley, 418 U. S. 717, 740-741, and n. 19 (1974).

Diversity is not rooted in the Constitution and is just a social theory.  It came and it will pass.   The Constitution should not be hijacked to justify promoting certain social theories.

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