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Proposal 2

December 19, 2006

LDF and Civil Rights Coalition File Lawsuit To Protect Access to Higher Education for Students of All Races


Today, LDF and a coalition of civil rights groups filed a lawsuit on behalf of 19 students, faculty and applicants to the University of Michigan seeking clarification of the impact of Michigan?s recently passed anti-affirmative action law commonly known as Proposal 2. Proposal 2, which was a ballot initiative entitled, "The Michigan Civil Rights Initiative," amended the state constitution to "[b]an public institutions from using affirmative action programs that give preferential treatment to groups or individuals based on their race.

The coalition, which includes the American Civil Liberties Union of Michigan, NAACP-Detroit Chapter and NAACP-Michigan Conference, filed the lawsuit in U.S. District Court in Detroit seeking a "declaratory ruling" that Proposal 2 does not bar programs that consider race as one of several factors in admissions decisions by public universities. The U.S. Supreme Court 2003 ruling in the Grutter and Gratz affirmative action admissions cases found it constitutionally permissible for universities to consider race as one factor among many in university admissions.

"Proposal 2 cannot prohibit Michigan from doing what the Supreme Court said it can do," said Theodore M. Shaw, LDF Director-Counsel and President. "This Initiative raises profound constitutional questions about whether it disadvantages the ability of racial minorities to protect their interest in the political process. We hope the Court will clarify that, even after the passage of Proposal 2, it is not illegal to pursue a vision of an integrated, diverse America in which opportunity is open to all."

"We are pleased to be able to represent current students and faculty, as well as prospective students, in a case that will be the first to evaluate exactly what Proposal 2 means in this state," said Kary Moss, Executive Director of the ACLU of Michigan. "The recent decisions by the United States Supreme Court in Gratz and Grutter made clear that it is entirely within the law for universities to consider race or gender as one of many criteria in selecting their student body. Proposal 2 should not change that."

"After many years as a student at the university, I have learned to achieve a better understanding of world culture through the eyes of students and faculty from a wide range of backgrounds," said Chase Cantrell, a plaintiff in the case. "Although I was invited to attend Cornell Law School, I chose the University of Michigan because the student body is so much more dynamic." Mr. Cantrell who is African American and grew up in Detroit is the first in his family to attend graduate school and is now in his second year at the University of Michigan Law School. He also obtained his BA from the university.

This lawsuit is one of several efforts by LDF and other civil rights organizations to ensure access to quality education for all. In two K-12 school cases heard by the Supreme Court earlier this month, LDF attorneys also helped to defend voluntary school integration efforts of school districts in Seattle, Washington and Louisville, Kentucky that are striving to maintain racially diverse classrooms.