Re‐examining race‐based admissions processes of American institutions of higher education using multi‐dimensional ethical perspectives
| Published date | 01 April 2004 |
| Date | 01 April 2004 |
| Pages | 236-248 |
| DOI | https://doi.org/10.1108/09578230410525621 |
| Author | Kathrine J. Gutierrez,Preston C. Green |
| Subject Matter | Education |
Re-examining race-based
admissions processes of
American institutions of higher
education using
multi-dimensional ethical
perspectives
Kathrine J. Gutierrez and Preston C. Green III
Penn State University, University Park, Pennsylvania, USA
Keywords Human rights (law), Ethics, Higher education, Equality, United States of America
Abstract The Supreme Court of the USA explains when universities may use race-based
admissions policies without violating the Equal Protection Clause of the US Constitution. These
rulings raise important ethical issues for universities that are presently using race as a
consideration in their admissions decisions. This paper discusses some of the ethical issues
presented by the Supreme Court’s decisions in the Regents of the University of California v.
Bakke,Grutter v. Bollinger, and Gratz v. Bollinger cases. A summary of the Bakke,Grutter, and
Gratz cases is provided as well as an analysis of these decisions using an ethical framework that
incorporates five perspectives: ethic of critique, ethic of justice, ethic of profession, ethic of care,
and ethic of community. The accompanying discussion highlights areas of agreement and conflict
between the goals of race-based university admissions policies and the Bakke,Gratz, and Grutter
decisions.
The United States Supreme Court held in Regents of the University of California
v. Bakke (1978)[1] that institutions of higher education could use race as a factor
in their admissions decisions to achieve a diverse student body. Lower courts
have since questioned the legal import of Bakke. Twenty-five years later, the
US Supreme Court issued two further decisions, involving the University of
Michigan, that address whether and how universities may consider race in
their admissions policies to achieve a diverse student body. In Grutter v.
Bollinger (2003)[2], the Court found that the University of Michigan Law
School’s admission policy, which requires admissions officials to analyze every
applicant on an individualized basis and permits officials to consider race along
with a variety of other diversity factors, does not violate the Equal Protection
Clause. In contrast, in Gratz v. Bollinger (2003)[3], the Court held that the
University of Michigan’s College of Literature, Science, and the Arts’ (LSA)
undergraduate admissions policy, which automatically awarded extra points to
members of underrepresented groups, was unconstitutional.
The Emerald Research Register for this journal is available at The current issue and full text archive of this journal is available at
www.emeraldinsight.com/researchregister www.emeraldinsight.com/0957-8234.htm
JEA
42,2
236
Journal of Educational
Administration
Vol. 42 No. 2, 2004
pp. 236-248
qEmerald Group Publishing Limited
0957-8234
DOI 10.1108/09578230410525621
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