There is a lot of confusion surrounding the Trump administration’s interpretation of Title VI, the federal law that bans race, color, or national origin-based discrimination in education. Intended to promote equality and prevent discriminatory practices, Title VI was created during a time when segregation of schools was legal, Black voters were systematically disenfranchised, and Black people often faced violence and intimidation from white supremacist groups. It is important to remember that the historical context for banning racial discrimination is inextricably connected to the discrimination and violence Black people faced during the Civil Rights Era.

Recently the Education Department’s Office for Civil Rights produced a guidance document on programs that it might consider racially discriminatory and illegal. At the core of the current administration’s concerns about illegal programs is the use of racial classification. The current attacks against DEI are fueled by the belief that programs which rely on any racial classification are legally dubious. Critics of DEI are trying to make a moral argument that the use of racial classification is always wrong and inherently unfair. They are essentially trying to make the use of racial classifications in higher education writ large as being morally equivalent to how racial classifications have been used to systematically marginalize and disenfranchise Black people. Obviously the two are not morally equivalent as one use of racial classifications is intended to increase access and opportunity while the other use of racial classifications was intended to discriminate and oppress. Using Title VI to obfuscate these obvious differences in the intent and impact of racial classifications is intellectually dishonest. There are clear and morally justifiable reasons for the use of racial classifications in non-discriminatory ways. Racial classifications can be used to promote a sense of belonging that is so important for the well-being and achievement of Black and other minoritized students.

The Education Department’s guidance document says that all segregation is illegal and that schools cannot separate students by race even if they treat all students equal. Citing Brown v. Board of Education, the document states that “a school cannot engage in any programming, graduation ceremonies, housing or any other aspect of school life that allows one race but not another or otherwise separates students, faculty, or staff based on race.” The document characterizes this as an updated “separate but equal” rationale that was eventually overturned in the Brown case. The “graduation ceremonies” and “any other aspect of school life” is deeply concerning because of its implications. For example, Black fraternities and sororities owe their start to the fact that Greek letter organizations at predominantly white institutions excluded Black people. Black students were isolated and segregated from the general student population, and the societal issues that caused the founding of my fraternity, Alpha Phi Alpha were everywhere, including at predominantly Black institutions. Black Greek letter organizations are important in creating a sense of belonging, especially as historically white Greek letter organizations remain racially problematic and continue to be marred by incidents of racism and racial insensitivity. Furthermore, membership in Black Greek letter organizations encourages academic excellence. Black fraternities and sororities have produced many prominent politicians, scientists, business leaders, academics, entertainers, and high achieving professionals. It should be noted that unlike their white counterparts, Black Greek letter organizations never had a history of excluding white individuals.


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