https://www.frontpagemag.com/fpm/2022/02/diversity-still-politicized-after-all-these-years-bruce-thornton/
This term the Supreme Court will soon hear two challenges to affirmative action policies used in almost every university and college admissions and hiring procedures. These protocols have long been obvious violations of Title VII of the 1964 Civil Rights Act, as well as the 14th Amendment’s guarantee of “equal protection of the laws.”
Yet ever since the Regents of the University of California v. Bakke decision in 1978 green-lighted discrimination in admissions to further “diversity,” subsequent challenges to affirmative action policies in university admissions have ordered only cosmetic changes in various discriminatory practices, while leaving intact their legality and rationale.
Whether the current suit will yet again kick the can down the road, or finally end discrimination in higher education admission criteria, will depend on confronting the central begged question that since 1978 has justified affirmative action: the importance of “diversity” in improving educational outcomes.
But 44 years after Bakke, there still has not been a rigorous, empirically based definition of “diversity,” or demonstration of the “educational benefits that flow from a diverse student body,” as Justice Sandra Day O’Conner assumed in Grutter v. Bollinger (2003), that create a “compelling state interest” justifying discrimination on the basis of race.
In contrast to “diversity,” real diversity is a timeless fact of human existence, based on numerous criteria such as culture, mores, language, religion, geography, political philosophies, social organizations, values, and economic status. Ethnicity, not “race,” is the basic unit of human identity, and it is comprised of these elements. The “diversity” we talk about today is based on the superficial physical differences like skin color or hair texture, and duplicates the crude, reductive “race” categories of post-Darwinian “scientific racism” based on skin colors like “black,” “white,” “brown,” or the all-purpose, utterly vague and meaningless “person of color.” Ignored are the more important differences of culture and ethnicity. How people live is what creates their identities, not how they look.