In America this week, the big legal news was the Supreme Court’s oral argument in Fisher v. University of Texas at Austin, a case concerning the constitutionality of race-based affirmative action in higher education. This will be the second time in a decade that the Court has addressed this issue, and the case has potentially huge ramifications.
It’s not surprising, therefore, that Fisher has drawn great interest. Hundreds (!) of amicus briefs were filed in the case, most of which will be read, if at all, only by some hapless law clerks. Among these was a brief from about a dozen religious organizations and campus ministries, including the National Council of Churches, the United Methodists, the Presbyterian Church (USA), the United Church of Christ, the Progressive National Baptist Convention, and the African Methodist Episcopal Zion Church (USA). These organizations, the brief explains, support affirmative action partly for religious reasons: in order to affirm “all persons as equally valuable in the sight of God.” The organizations depend on racial diversity in universities, the brief continues, in order to “fulfill their own missions of helping their members grow in their faith, understanding and compassion; providing the tools their members will need to reach their full potential as individuals in our ever-changing pluralistic society; and cultivating leaders for the next generation.”
Secularist organizations such as the Freedom from Religion Foundation and Americans United for the Separation of Church and State strongly protested, asserting that religious organizations had no right to interfere in a matter of public debate in order to advance a narrow sectarian position, or to rely on religious propositions inaccessible to non-believers.
Just kidding about that last part.
Mark Movsesian is Director of the Center for Law and Religion at St. John’s University.