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Race OK as factor in enrollment, court says
San Francisco Chronicle ^ | 3/17/9 | Bob Egelko

Posted on 03/17/2009 7:21:24 PM PDT by SmithL

SAN FRANCISCO -- A state appeals court breathed new life Tuesday into campus integration efforts, ruling that Berkeley does not violate California's ban on racial preferences when it considers the makeup of students' neighborhoods in deciding where they will go to school.

Berkeley's policy "does not show partiality, prejudice or preference to any student on the basis of that student's race," said the First District Court of Appeal in San Francisco. "All students in a given residential area are treated equally."

The ruling is the first by an appellate court on a school district's voluntary integration plan since California voters passed Proposition 209 in 1996, prohibiting preferences by race or sex in state and local education, employment and contracting.

The case could be heading for the state Supreme Court for a decision on whether Prop. 209 forbids any consideration of race in government programs. The court interpreted the initiative broadly in a 2000 contracting case, its only ruling on Prop. 209, but did not say it whether it prohibited all government programs aimed at promoting racial diversity.

Alan Foutz, a Pacific Legal Foundation attorney representing a nonprofit organization that challenged the Berkeley program, said his client would probably appeal to the state Supreme Court, though no final decision has been made. He said the ruling "undermined (Prop. 209's) mandate for colorblind educational policy by allowing districts to continue using race in (their) student assignment decisions."

(Excerpt) Read more at sfgate.com ...


TOPICS: Front Page News; Government; Politics/Elections; US: California
KEYWORDS: affirmativeaction; berkeley; beserkeley; highereducation; lawsuit; preferences; prop209; ruling
Racism is official government policy again.
1 posted on 03/17/2009 7:21:25 PM PDT by SmithL
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To: SmithL

Commie lib ‘RATS love to play around with the race thing. To them, it’s a tool. Sick bass turds.


2 posted on 03/17/2009 7:26:15 PM PDT by FlingWingFlyer (Just being a "U.S. citizen" does not make one an American.)
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To: SmithL

there are always unintended consequences to this...using geographical quotas is not the same thing as using race. However, other majority and minority groups may see this as an easy ‘in’ to a school. Just move into a low-scoring predominately minority district to gain easy entrance to an otherwise unattainable school.


3 posted on 03/17/2009 7:27:38 PM PDT by Katya (Homo Nosce Te Ipsum)
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To: SmithL

When you add in illegals aren’t white males now a minority in California? Aren’t they due minority rights under the law?


4 posted on 03/17/2009 7:31:38 PM PDT by bluedressman
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To: SmithL

Yup. Two wrongs make a right.


5 posted on 03/17/2009 7:35:25 PM PDT by dhs12345
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To: SmithL

Racism is apparently permissible according to the court.


6 posted on 03/17/2009 7:35:34 PM PDT by KoRn
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To: bluedressman

Of course not. It isn’t about fairness. Its about getting even.


7 posted on 03/17/2009 7:36:28 PM PDT by dhs12345
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To: bluedressman
"Aren’t they due minority rights under the law?"

White males are the doormat of our modern society. It's perfectly ok to make fun of us, discriminate against us, and confiscate our wages.

All the while, we are expected to work hard and produce, because they need us to pay our "fair share"....

8 posted on 03/17/2009 7:39:15 PM PDT by KoRn
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To: SmithL
Liberal PC Think: Racism is bad , so we must call it something else when WE do it.
9 posted on 03/17/2009 7:42:49 PM PDT by BallyBill (Serial Hit-N-Run poster)
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To: SmithL
Under a plan the district enacted in 2004, each area of four to eight blocks is given a diversity rating based on racial breakdown and parents' income and educational levels. The district uses that rating in enrollment decisions at the city's 11 elementary schools and in special academic programs at Berkeley High School.

(edit)

"Using neighborhood demographics when assigning students to schools is not discriminatory," Justice Patricia Sepulveda said in the 3-0 ruling. "The challenged policy does not use racial classifications; in fact, it does not consider an individual student's race at all."

The way that they can look you right in the eye and tell you a boldfaced lie is just astonishing.  Utterly soulless vermin.

Liberalism is truly a cancer that eats away not only the mind but simultaneously the heart and soul as well.

10 posted on 03/17/2009 7:46:49 PM PDT by Stoat (Palin / Coulter 2012: A Strong America Through Unapologetic Conservatism)
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To: BallyBill
Back in 1951 the SF Dons Football team was one of the best teams in the country, had three future NFL Hall of Farmer's, the Information Director was a kid name Pete Rozell, they were 9-0 and invited to a bowl game only if they left the black guys at home. They, as a team decided not to go. I am sure a lot of these same comments were made back then.
11 posted on 03/17/2009 7:51:17 PM PDT by Jolla
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...

University of Delaware Diversity Task Force Urges Unlawful Actions
democracy-project.com | March 16, 2009 | Winfield Myers
Posted on 03/16/2009 11:24:34 AM PDT by neverdem
http://www.freerepublic.com/focus/f-news/2207677/posts


12 posted on 03/17/2009 7:56:14 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: Jolla

Yeah...probably Democrats who told them to leave the black guys at home......read UNFOUNDED LOYALTY by Wayne Perryman, an African American researcher/writer.


13 posted on 03/17/2009 7:57:26 PM PDT by goodnesswins (Conservative and fighting for freedom and liberty....whether you like it or not.)
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To: goodnesswins

Certainly no Conservatives of the time would say such a thing.


14 posted on 03/17/2009 8:22:53 PM PDT by Jolla
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To: bluedressman
"When you add in illegals aren’t white males now a minority in California? Aren’t they due minority rights under the law?"

Nope. Whites aren't a race, just white. And if you are a white Christian, they can call you a racist AND bash your religion without repercussions.

15 posted on 03/17/2009 8:41:45 PM PDT by Nathan Zachary
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To: Jolla

Have you read UNFOUNDED LOYALTY.....???


16 posted on 03/17/2009 8:47:25 PM PDT by goodnesswins (Conservative and fighting for freedom and liberty....whether you like it or not.)
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To: SmithL

This is reverse redlining.
That is, by California legal rulings and Federal Law, by definition a form of racism according to National Commission on Fair Housing and The Leadership Conference on Civil Rights Education Fund (LCCREF).

There is a definite avenue of appeal for this case based on extensive case law regarding redlining and CREF lawsuits.


17 posted on 03/17/2009 9:03:57 PM PDT by JerseyHighlander (the people criticizing Christie are directly connected to the criminal politicians he convicted.")
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To: SmithL

Well, sure. Everybody knows if you grow up in a black neighborhood it’s very difficult to learn. But if all your neighbors are Asian, life is easy for you.

This is no different from the admissions practice of Jim Crow; only the races have been changed to protect the guilty.


18 posted on 03/17/2009 9:14:08 PM PDT by csn vinnie
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To: csn vinnie

Well the answer if for every American to list their race
as “other.” Probably most of us have some other race
as part of our heritage. So....we just claim that
race as our own identity.

At least then if there is a specific race that is supposed
to be the beneficiary of all the goodies, the gov’t will
have to get very specific. Could get interesting.


19 posted on 03/17/2009 9:29:35 PM PDT by Josa
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To: Nathan Zachary
Nope. Whites aren't a race, just white.

Whites discarded their racial identity long ago as an olive branch to minorities.

The expectation was that we would all discard our racial identities but the gesture was regarded as an act of the guilty.

Now, every other race wallows in its own racial pride rather than uniting thanks to the Left.

20 posted on 03/17/2009 10:51:32 PM PDT by TheThinker (Shame and guilt mongering is the Left's favorite tool of control.)
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To: SmithL
...the makeup of students' neighborhoods in deciding where they will go to school.

This is "reverse red-lining". No joke. Any honest court would see this.
Good luck finding one.

21 posted on 03/17/2009 11:00:28 PM PDT by Lancey Howard
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To: Katya
Just move into a low-scoring predominately minority district to gain easy entrance to an otherwise unattainable school.

There may be a much higher demand for slum homes ... buy one just before sending in your child's application to UC Berkeley, get in based on "diversity", and sell it to someone with a kid graduating the next year. It could boost housing values in the worst slums of California, while making the racists in the UC system feel good about themselves. It's still stupid, but at least it's fun stupidity.

22 posted on 03/18/2009 5:47:35 AM PDT by TurtleUp (Turtle up: cancel optional spending until 2012, and boycott TARP/stimulus companies forever!)
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To: SmithL

These “Judges” are the ultimate COUNTER-intellectuals!


23 posted on 03/18/2009 5:58:39 AM PDT by 2harddrive (...House a TOTAL Loss.....)
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