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Universities and colleges in our country are looking for guidance to create racial diversity in their students especially after a voter approved ban was struck down in Michigan by a decision made by Federal appeals court. In a similar situation, there are efforts to overturn the same kind of law in California.

Washington based American Council on Education general counsel Ada Melov says that this is still a live issue. Banning affirmative action in higher education, constitutional amendments and legislation have been enacted in a total of four states including Michigan.

Melov says that though the laws passed in a particular state govern institutions only in that state, certain advocacy groups are initiating a movement to get laws like these passed in other states too. State voter approved ban on civil rights initiative in Michigan was recently struck down by the sixth Court of Appeals US Circuit’s three judge panel. This covers states like Tennessee, Kentucky and Ohio.

Federal judges said in the 2-1 decision that special burden was placed on minority interests by Michigan’s reordered political process. Bill Schuette, the Attorney General of Michigan said that he will continue to fight for fairness and equality in the rule of law as merit must be the basis upon which entrance to our universities is based on.

A Detroit firm lawyer George Washington however said there is an overwhelming support for the decision of the judges. He led the lawsuit against the amendment in Michigan. Calling this the most important civil rights ruling, Washington said that this case will definitely go to the Supreme Court, no matter who wins it or how.

As recently as 2003, Supreme Court has passed a ruling in the universities affirmation action issue on two Michigan cases. In one of the cases, judges said that it was alright to consider race in state law school admission policies provided it was not linked to any quota. All judges however unanimously agreed that racial balancing attempts were not constitutional.

At least 58% of voters in Michigan approved the Proposal 2 according to which no preferential treatment can be given to students or student groups based on sex, race, ethnicity, color or national origin.

In support of a federal lawsuit a legal briefing has been filed by Jerry Brown the California governor against a voter approved state Proposition 209. In Texas there was support from the judges for affirmative action in the court of appeals. Overall principles governing the Grutter case is well supported by the Michigan decision says Ms. Melov.

According to her, a constructive learning environment is a direct result of the diversity issue. She also said that if institutions feel it will enhance student learning, they should have the freedom to set appropriate politics.

Constitutional amendments and passing of statutes such as this severely restrict the freedom of institutions and deprives students of the right environment necessary for optimum learning. It also greatly harms diversity in the types of education environments.