As justices return to the bench today for the fall session, the
Supreme Court will deal with an affirmative action case involving a
university's admission policy.
A lawsuit was filed against the University of Texas at Austin
when a white applicant was rejected in favor of less qualified
blacks and Hispanics. Horace Cooper is co-founder of Project 21, the group that filed a brief in the
"This program was set up not in response to examples
and experiences of discrimination, but as a way to try to build
diversity," Cooper explains.
"While diversity, we think, is an interesting and noble goal, we
don't believe that diversity trumps the Constitution, which says
that every American citizen ought to be treated color
He says Project 21 would consider several different approaches
to be fair.
"In particular, we would urge them to return back to the top ten
percent policy, where at high schools all across the state of
Texas, anyone in that top ten percent would be eligible to apply to
the University of Texas," Cooper notes. "That was a policy that had
been in effect … more than a decade before they repealed it to come
up with the new, holistic admissions program."
The case challenges a 2003 Supreme Court decision that permitted
schools to take race into account in admission policies for the
sake of diversity.
DOMA might be on docket too
The Supreme Court also will decide at some point during this
session whether to accept challenges to the Defense of Marriage Act
A number of cases filed by homosexual activists have been making
their way to the U.S. Supreme Court over several years. Jim
Campbell, an attorney with Alliance Defending Freedom (ADF), tells
OneNewsNow there is no indication yet whether the high court will
accept the cases.
"[Their purpose will be] to address the question of
whether the federal Defense of Marriage Act is a valid exercise of
congressional power," the attorney explains. "So essentially these
cases bring to the Supreme Court the question of whether the people
of the United States can define and preserve marriage."
DOMA defines marriage as the union between one man and one
woman. In their challenges to DOMA, homosexual activists are
seeking tolerance of their lifestyle, placing it on a par with
heterosexuality -- but as Campbell points out, there are
"The attempt to redefine marriage -- to change it from what it's
historically been, to remove it from its historical purpose of
binding parents to their children -- is an effort to deconstruct
and undermine marriage," he states.
The attempt to preserve marriage will not rise or fall based on
the DOMA lawsuits, so ADF is fully prepared "to defend it as a
universal good that has been honored by diverse cultures throughout
the entire history of western civilization."
A decision from the court on hearing the legal challenges is
expected within the next few weeks.