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  • Essay / Schuette v. Coalition - 759

    In Schuette v. Coalition, the court considered whether Article 1, Section 26 of the Michigan Constitution regarding the non-use of race as a determining factor in college admissions is or is not constitutional. Respondents believe that ignoring race would create disadvantage among disadvantaged minorities. They believe that only the majority with the necessary resources will be able to attend universities and that there will be a lack of diversity represented in these institutions. The petitioner argues that the law is constitutional because it does not contain racial classifications and is not intended to discriminate against any particular race. The court rules in favor of the petitioner due to the language of Executive Order 10925, the precedent set in Gratz v. Bollinger, and the Supreme Court's decision to review Fischer v. University of Texas at Austin. The language of Executive Order 10925 is consistent with that of Section 26 of the Michigan Constitution. The order requires “that employees be treated during their employment without regard to race, creed, color or national origin.” Under the Michigan Constitution, the state is required "not to discriminate against or command preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, or public education. public markets. » The way they are worded prevents giving a particular race an advantage when trying to attend college or apply for a job. The complainant also emphasized that the intention of Article 26 “is not to discriminate against minorities, but rather to promote equal treatment” (Schuette). Defendant's argument that the ordinance favors affirmative action...... middle of paper ...... color of their skin. This was confirmed in the case of Gratz v. Bollinger, where such a policy was found to be unconstitutional. A similar situation is occurring at the University of Texas. Their race-sensitive policy was initially upheld, but is now under review for possible constitutional violations. Given that the history of considering race in job and college applications has been rejected, Section 26 does not deserve to be deemed unconstitutional for not providing preferential treatment to minorities. Order No. 10925, 3 CFR (1961). Print.Fisher v. University of Texas. Supreme Court. June 24, 2013. Print.Gratz c. Bollinger. Supreme Court. June 23, 2003. Print. Schuette v. Coalition for the Defense of Affirmative Action. Supreme Court. Nd Print."VPLA | Fisher v. Texas." VPLA | Fisher v. Texas. University of Texas, November 11, 2013. Web. December 17. 2013.