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Scholar Says Race-Neutral Approach Needed for Affirmative Action

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Sheryll Cashin, a professor of law at Georgetown University in Washington D.C. advocates for "place-based" affirmative action policies in education. (Freddie Allen/NNPA)

Sheryll Cashin, a professor of law at Georgetown University in Washington D.C. advocates for “place-based” affirmative action policies in education. (Freddie Allen/NNPA)

By Freddie Allen
NNPA Senior Washington Correspondent

WASHINGTON (NNPA) – In the wake of unrelenting law suits seeking to abolish affirmative action coupled with nearly half of all universities dropping consideration of race as a factor in college admissions, it is time to shift gears and devise a less objectionable race-neutral approach that will diversify higher education, says a noted Black law professor.

During a recent discussion on affirmative action at the Economic Policy Institute in Washington, D.C. Sheryll Cashin, a professor of law at Georgetown University and author of Place, Not Race: A New Vision of Opportunity in America, said that as long as race-conscious affirmative action remains a factor in college admission, there will always be White students challenging affirmative action.

Cashin, who clerked for U.S. Supreme Court Justice Thurgood Marshall, said “that law or politics will render race-based affirmative action extinct” and argued that it makes “sense to get started on race-neutral reforms that have the potential to create diversity and more social cohesion.”

She said that the percentage of four-year colleges that consider racial, ethnic or gender status in admissions has fallen from about 60 percent to 35 percent.

Others, however, do not favor a switch to de-emphasizing race and point to race-neutral affirmative programs in Texas and California that have not achieved the same results as previous race-conscious approaches. Even Texas’ 10 Percent Plan that guarantees the top 10 percent of each high school graduating class in Texas will be accepted at the University of Texas, the flagship campus, was challenged by a White applicant who had been rejected.

Backed by the Edward Blum’s Project for Fair Representation, a nonprofit group that wants to ban race-, gender- and ethnic-conscious affirmative action, Abigail Fisher a White woman, alleged that the University of Texas at Austin refused to accept her, because she was White, while Black and Latino students that she outperformed were admitted

Admission officials look at factors in addition to grade to determine the composition of an incoming class, not just grades.

In its “Brief of Opposition,” the university said: “The undisputed evidence demonstrated that Fisher would not have been offered fall admission in 2008 even if she had scored a perfect ‘6’ on her PAI – the portion of the admissions process where race is considered as ‘a factor of a factor of a factor.’”

Investigating Fisher’s claims, Pro Publica reported that 42 White students with less impressive grades than Fisher got in compared to just five Black and Latino students with similar academic achievement. Meanwhile, almost 170 Black and Latino students with the same or better grades as Fisher were also turned away.

In the 2012 term, the Supreme Court punted in Fisher v. University of Texas, sending the case back to the lower court for reconsideration. Justice Anthony Kennedy, writing for the 7-1 majority, said: “…Strict scrutiny imposes on the university the ultimate burden of demonstrating before turning to racial classifications, that available, workable race-neutral alternatives do not suffice.”

In other words, the university had the burden of showing that show that gender- ethnicity- and race-conscious affirmative action admission policies are the only way to effectively achieve diversity on campus.

After the case was remanded, U.S. Court of Appeals for the 5th Circuit again ruled in favor of the University of Texas.

In 2003, the Supreme Court issued a pair of rulings involving University of Michigan that many thought had settled the issue.

By a vote of 6-3, the justices outlawed an undergraduate admissions process that, among other things, automatically awarded 20 points to people of color. But on a 5-4, the Supreme Court ruled that race could still be a factor in admissions as long as it is not given too much weight.

However, led by anti-affirmative action foe Ward Connerly, in 2006, Michigan voters banned the use of race in public education and employment, a state constitutional amendment that was later upheld by the Supreme Court.

In the May/June 2014 issue of the Poverty and Race Research Action Council (PRRAC) journal, Cashin, who is also a PRRAC board member, wrote that “place rather than race in diversity programming will better approximate the structural disadvantages many children of color actually endure, while enhancing the possibility that we might one day move past the racial resentment affirmative action engenders.”

Cashin said that when college graduates sequester themselves it can lead to a phenomenon known as “opportunity hoarding,” when a well-resourced, educated ingroup sanctions practices that exclude outgroups.

“And the exclusion does not have to be intentional,” said Cashin.

Cashin said that place, or where you live, locks in advantages and disadvantages that are reinforced over time.

“What has happened increasingly is the affluent and the highly educated are separated from everyone else and that often determines who has access to high quality elementary and secondary education,” said Cashin.

“And when you have geographic concentration of highly educated affluent people in direct horizontal competition with people from lower-income impoverished settings for finite public resources you get savage inequality in the allocation of public resources,” said Cashin. “College-bound students from middle- and low-income environments, particularly African Americans students, disproportionately attend segregated schools and they have to be superhuman to overcome the structural disadvantages of place.”

In Cashin’s article on affirmative action published in the PRRAC journal, she concedes that, “Fewer African Americans may enter elite institutions under an affirmative action system based on structural disadvantage rather than under race-based affirmative action.” However, she argued that the social costs of racial-conscious programs outweigh any marginal benefits when race-neutral alternatives are available.

Lia Epperson, a law professor at the Washington College of Law at American University in Washington, D.C., said that addressing racial disparities is not about totally abandoning policies that use race. She said it’s about the robust enforcement of laws that bar discrimination and inequality, existing compliance reviews that have proven helpful at the elementary and secondary education levels and expanding the role of data collection and the dissemination of data.

“The reality is that we are in a time that is difficult, because we do have this societal indecision with respect to matters of race,” said Epperson, who formerly led the education law and policy group of the NAACP Legal Defense and Educational Fund. “The reality is also that we have a Constitution that supports remedying a history of slavery and Jim Crow. We have to expand our political imagination beyond the reality of the moment.”

Richard Rothstein, a research associate at the Economic Policy Institute said on the panel:
“There’s no doubt that we need to pretend to be colorblind in the current legal climate, but it’s also very important to realize that we have a separate challenge from the challenge of enhancing equity. And that is the challenge of increasing justice.”

Rothstein added, “We have a constitutional obligation to undue centuries of slavery, segregation and exploitation. As recent events have demonstrated to everybody, we have made very little progress in undoing that unconstitutional placement of African Americans in a caste system in this society.”

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Black Artists in America, Installation Three Wraps at the Dixon Gallery and Gardens

TRI-STATE DEFENDER — With 50+ paintings, sculptures and assemblages, the exhibit features artists like Varnette Honeywood from Los Angeles, whose pieces appeared in Bill Coby’s private collection (before they were auctioned off) and on “The Cosby Show.” Also included are works by Alonzo Davis, another Los Angeles artist who opened one of the first galleries there where Black Artists could exhibit. 

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By Candace A. Gray | Tri-State Defender

The tulips gleefully greet those who enter the gates at the Dixon Gallery & Gardens on an almost spring day. More than 650,000 bulbs of various hues are currently on display. And they are truly breathtaking.

Inside the gallery, and equally as breathtaking, is the “Black Artists in America, From the Bicentennial to September 11” exhibit, which runs through Sunday, March 29. This is the third installment of a three-part series that started years ago and illustrates part of the Black experience through visual arts in the 20th century.

“This story picks up where part two left off,’’ said Kevin Sharp, the Linda W. and S. Herbert Rhea director for the Dixon. “This era is when we really start to see the emergence of these important Black artists’ agency and freedom shine through. They start to say and express what they want to, and it was a really beautiful time.”

With 50+ paintings, sculptures and assemblages, the exhibit features artists like Varnette Honeywood from Los Angeles, whose pieces appeared in Bill Coby’s private collection (before they were auctioned off) and on “The Cosby Show.” Also included are works by Alonzo Davis, another Los Angeles artist who opened one of the first galleries there where Black Artists could exhibit.

“Though [Davis] was from LA, he actually lived in Memphis for a decade,” said Sharp. “He was a dean at Memphis College of Art, and later opened the first gallery in New York owned and operated by black curators.”

Another featured artist is former NFL player, Ernie Barnes. His work is distinctive. Where have you seen one of his most popular paintings, Sugar Shack? On the end scene and credits of the hit show “Good Times.” His piece Saturday Night, Durham, North Carolina, 1974 is in this collection.

Memphis native James Little’s “The War Baby: The Triptych” is among more than 50 works featured in “Black Artists in America, From the Bicentennial to September 11” at the Dixon Gallery & Gardens, the final installment of a three-part series highlighting the impact and evolution of Black artists through 2011.

Memphis native James Little’s “The War Baby: The Triptych” is among more than 50 works featured in “Black Artists in America, From the Bicentennial to September 11” at the Dixon Gallery & Gardens, the final installment of a three-part series highlighting the impact and evolution of Black artists through 2011.

The exhibit features other artists with Memphis ties, including abstract painter James Little, who was raised in a segregated Memphis and attended Memphis Academy of Art (before it was Memphis College of Art). He later moved to New York, became a teacher and an internationally acclaimed fixture in the art world in 2022 when he was named a Whitney Biennial selected artist at the Whitney Museum of American Art in New York.

Other artists like Romare Bearden, who had a Southern experience but lived up North, were featured in all three installments.

“During this period of time, he was a major figure,” said Sharp. “He wrote one of the first books on the history of African American art during a time when there were more Black academics, art teachers, more Black everything!”

Speaking of Black educators, Sharp said the head curator behind this tri-part series and Dixon’s partner in the arts is Earnestine Jenkins, Ph.D., an art history professor at the University of Memphis, who also earned a Master of Arts degree from Memphis State University (now UofM).  “We began working with Dr. Jenkins in 2018,” he said.

Sharp explained that it takes a team of curators, registrars, counterparts at other museums, and more, about three years to assemble an exhibit like this. It came together quite seamlessly, he added. Each room conjured up more jaw-dropping “wows” than the one before it. Each piece worked with the others to tell the story of Black people and their collective experience during this time period.

One of the last artists about whom Sharp shared information was Bettye Saar, who will turn 100 years old this year. She’s been working in Los Angeles for 80 years and is finally getting her due. Her medium is collages or assemblages, and an incredible work of hers is on display. She’s married to an artist and has two daughters, also artists.

The exhibit catalogue bears some of these artists’ stories, among other scholarly information.

The exhibit, presented by the Joe Orgill Family Fund for Exhibitions, is culturally and colorfully rich. It is a must see and admission to the Dixon is free.

Visit https://www.dixon.org/ to learn more.

Fun Facts: An original James Little design lives in the flooring of the basketball court at Tom Lee Park, and he makes and mixes his own paint colors.

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Grief, Advocacy, and Education: A Counselor Reflects on Black Maternal Health

SAN DIEGO VOICE & VIEWPOINT — Last month healthcare leaders, birth workers, and community members gathered to honor the legacy of Charleston native Dr. Janell Green Smith, a nurse-midwife and doctor of nursing practice who died in January from childbirth complications. She had participated in more than 300 births and specialized in helping Black women give birth safely.  

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By Jennifer Porter Gore | Word-In-Black | San Diego Voice and Viewpoint

In 2024, the number of U.S. mothers who died as a result of pregnancy or childbirth dropped compared to 2023. But while slightly fewer Black mothers died that year, they still had three times the mortality rate of white women.

South Carolina’s rates of maternal deaths outpaced even the national rates. In fact, the state’s overall rate of maternal deaths between 2019 and 2023 was higher than all but eight states and the District of Columbia.

Last month healthcare leaders, birth workers, and community members gathered to honor the legacy of Charleston native Dr. Janell Green Smith, a nurse-midwife and doctor of nursing practice who died in January from childbirth complications. She had participated in more than 300 births and specialized in helping Black women give birth safely.

Her death shocked the community and her colleagues who are determined to address concerns about Black maternal health. The event also covered the importance of protecting mental health during grief and of men’s role in solving the maternal health crisis.

As both a therapist and a father, Lawrence Lovell, a licensed professional counselor and founder of Breakthrough Solutions, discussed ways the event’s attendees could process their grief over Green Smith’s death. He also shared ways male partners can advocate for women’s maternal health during pregnancy and childbirth.

Lovell spoke not just as a therapist but also as a father whose own family had briefly crossed paths with Green Smith. The event, he said, emerged organically from a moment of collective mourning.

Despite the grief, “it was still, like, a really beautiful event, a much-needed event, and it almost felt like we were all giving each other a collective family hug,” says Lovell.

His connection to Green Smith, Lovell says, was brief but meaningful during his wife’s pregnancy with their second child. Green Smith was practicing at the same birthing center where they had their child. She began practicing in Greenville a short time later.Even that short connection carried significance for Lovell, given the small number of Black maternal health professionals.

Lovell did not initially plan to become a mental health practitioner; he chose the career path after graduating from college, when someone suggested he consider psychology. His interest deepened when he noticed how few Black men work in mental health.

“Being Black man and playing football in college, there weren’t a lot of people that look like me talking about mental health,” says Lovell. “[I wanted] to give people that look like me an opportunity to work with someone that looks like them.”

Working with Expectant and New Parents

Lovell often counsels couples preparing for parenthood by, helping partners understand what a successful pregnancy, childbirth, and postpartum recovery look like. That often means helping women manage postpartum depression.

As a man, Lovell says, it’s “humbling” that a woman “just trusts me enough to work with me through their pregnancy or their postpartum recovery.”

In his work, Lovell has noticed how few men understand pregnancy before they experience it with their partner. Because early pregnancy symptoms are often invisible, he says, men may underestimate how much support a mom-to-be actually needs.

“Sometimes they may not realize they don’t know much about pregnancy and what to expect in those three trimesters,” Lovell says. “I tell a lot of the men that just because you can’t see [she’s pregnant] doesn’t mean that she won’t appreciate your intense support in that first trimester.”

Education about pregnancy and postpartum recovery, he says, can change how men support their partners.

Teaching Advocacy in the Delivery Room

Another major focus of Lovell’s counseling is preparing men to advocate for mothers during labor.

“Helping men understand what pregnancy looks like: what delivery is going to look like, and what are the realistic expectations that I should have of myself in postpartum,” he says.

Lovell encourages partners to be honest about their expectations for what will happen during delivery. He helps them prepare for the big day by discussing the birth plan and knowing how to quickly recognize problems. Clear communication, he says, prevents misunderstandings.

He regularly trains men to ask their partners detailed questions about their expectations during and after pregnancy. Advocacy in medical settings can be especially important and requires attention to details the mother may not be able to address.

“It’s always important to fine-tune things and truly understand what helps your partner feel most supported,” Lovell says. “Instead of guessing, you should ask.”

Lovell recalls a moment during the birth of his first child when he had to take that role.

During the delivery, “I felt like something wasn’t as sanitary as I’d like it to be,” he says. “I asked, ‘Hey, can you switch those out? Can you change your gloves?’”

Lovell has a succinct but powerful message he regularly shares with clients’ families, and he shared it with attendees at last month’s event.

“Just to believe women,” he says. “I’ve worked with different couples, and sometimes I’m not really sure that there’s enough empathy from the men.”

That includes how women express pain.

“If a woman says, ‘my pain is at a nine,’ just because how you would express yourself at a nine is different than how she’s expressing herself at [that level] doesn’t mean you shouldn’t believe her,” he says.

Empathy, he says, can change outcomes far beyond the delivery room.

“We’ve got to believe women when they’re talking about their experiences and their feelings and their pain,” he says. “I think there’s a lot that we can prevent if we empathize better.”

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Future of Florida’s Black History Museum in Limbo

JACKSONVILLE FREE PRESS — A proposal sponsored by Tom Leek, a Republican from Ormond Beach, has now passed the Senate in back-to-back legislative sessions. But the House version, filed by Kiyan Michael, a Jacksonville Republican, did not receive final approval in either year, effectively stalling the effort.

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Jacksonville Free Press

Plans to establish a long-awaited Black history museum in Florida are once again on hold after legislation needed to advance the project failed to clear the state House for a second consecutive year, despite repeated approval in the Senate.

A proposal sponsored by Tom Leek, a Republican from Ormond Beach, has now passed the Senate in back-to-back legislative sessions. But the House version, filed by Kiyan Michael, a Jacksonville Republican, did not receive final approval in either year, effectively stalling the effort.

Under Florida law, identical or similar bills must pass both chambers before heading to the governor’s desk. Without House approval, the legislation has been unable to move forward, leaving the project in limbo. Long journey, contested location.

The proposed museum, formally known as the Florida Museum of Black History, has been years in the making, with lawmakers and community leaders framing it as a long-overdue institution to preserve and showcase the state’s African American heritage .A central point of contention has been the museum’s location. St. Augustine — widely recognized as the nation’s oldest city and a site deeply tied to both slavery and early Black history — emerged as the leading contender. Supporters argue the city’s historical significance makes it a natural home for the museum. However, competing interests and regional considerations have fueled debate, slowing consensus among lawmakers.

While the Senate-backed measure has consistently advanced, the lack of alignment in the House has underscored ongoing divisions about how and where the project should take shape.

The holdup in the Florida House appears to be less about opposition to the museum itself and more about a combination of procedural bottlenecks, unresolved structural issues, and lingering disagreements over how the project should be formalized and governed.

Despite the legislative setbacks, Republican Gov. Ron DeSantis has publicly voiced support for the museum. Speaking last month during the unveiling of a statue of abolitionist Frederick Douglass in St. Augustine, DeSantis said the project would move forward “one way or another,” signaling an intent to see the museum built regardless of legislative hurdles.

The anticipated museum has already cleared several hurdles. St. Johns County signed an agreement last year with Florida Memorial University to use the land that once housed its campus last year’s legislative session netted $1 million in funding for St. Johns County to work on planning and design for the museum. However, its anticipated that a million $3 million is needed.

Still, without statutory approval to finalize key components — including governance, funding mechanisms and site selection — the project remains largely conceptual.
With the House bill failing again, the timeline for the museum’s development is unclear. Lawmakers could revisit the proposal in the next legislative session, but any further delays risk pushing the project back several more years. Advocates warn that continued inaction could stall momentum for a museum many see as critical to telling a fuller, more accurate story of Florida’s past. For now, the effort remains paused — caught between political support at the top and legislative gridlock within the Capitol.

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