The Case Of West Central Dixie State University V. The Sons Of The Confederacy
Skeete, C., Opinion of the Court Ms. Courtney Skeete delivering the opinion of the Court for the case of West Central Dixie State University v. The Asian Society and The Sons of the Confederacy. I. The Asian Society and The Sons of the Confederacy challenge West Central Dixie State University’s policy of positive segregation claiming that it is unconstitutional by violating the Equal Protection clause of the Fourteenth Amendment. These two separate instances occurred on the campus of West Central Dixie State University within two weeks of each other. The Asian Society claimed Asian students and Asian culture were not being equally promoted and supported on campus as other minorities; such as the African-American and Latino minorities. The …show more content…
Because there are two cases involved, there are two different legal questions that we must answer. First, we were to answer whether The Asian Society’s and its members Equal Protection rights were abridged upon by them being denied the benefits of the other minorities that attend West Central Dixie State University. Secondly, we were to answer the question brought to the court by The Sons of the Confederacy: Is the policy of positive segregation implemented by the university unconstitutional based on the rights guaranteed in the Fourteenth Amendment, specifically the Equal Protection clause. We agree with the lower Court’s ruling in the case of The Asian Society that the policy itself it not unconstitutional, but that it does violate the Fourteenth Amendment because the compelling interest of the university is not narrowly-tailored enough. It should include all minorities not just some for the policy of positive segregation to fulfill its purpose of multiculturalism and diversity. In the case of The Sons of the Confederacy, we have determined that the policy itself doe promote reverse discrimination and therefore violates the equal protection clause of the Fourteenth amendment. The policy endorsed by West Central Dixie State University, positive segregation, was enacted to promote, assist, and recognize the contributions of other cultures. Their commitment of multiculturalism was shown through its curriculum, admission policies, faculty hiring, academic departments, and university-assisted organizations. However by creating and enacting a policy to promote multiculturalism, it condemns the cultures of others; even if the purpose of the policy is to reverse and correct historical discrimination of certain minorities. Even though the policy would be able to be shaped to benefit The Asian Society and other minorities at the university, the policy of positive segregation implemented by West Central Dixie State University is
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