The Supreme Court's decision to limit affirmative action in college admissions has sparked a wave of legal challenges against race-based grant programs, internships, and scholarships nationwide. Conservative groups are leading many of these lawsuits, arguing that such programs are unconstitutional as they favor specific racial groups, disadvantaging White and Asian Americans.
These legal challenges often cite the Equal Protection Clause of the 14th Amendment, which prohibits states from denying equal protection under the law to any individual. Justice Clarence Thomas has emphasized a colorblind interpretation of the amendment, asserting that it promotes racial equality without explicit reference to race.
However, historians argue that the historical context of the 14th Amendment's ratification, following the abolition of slavery, was intended to secure rights for newly freed Black Americans. The amendment aimed to ensure equal protection for all citizens, including programs specifically designed to assist Black individuals in the aftermath of slavery.
Despite the 14th Amendment's original intent, some legal challenges today are leveraging it to dismantle programs benefiting people of color. Recent lawsuits have compelled organizations to open their programs to individuals of all races, emphasizing equal opportunity.
For instance, a lawsuit challenged an internship program at the National Museum of the American Latino, leading to changes that now allow applicants of all races to apply. Similarly, a reparations program in Evanston, Illinois, faced legal action for allegedly discriminating against non-Black residents eligible for benefits.
Legal experts note that the 14th Amendment's broad language allows for varied interpretations, enabling its use in contemporary debates over race-based policies. Critics argue that the malleability of the amendment has led to its manipulation in legal disputes, such as those concerning affirmative action and reparations.
As these legal battles continue, the interpretation and application of the 14th Amendment remain subjects of ongoing debate, reflecting the complex intersection of history, race, and constitutional law in the United States.
