In the recent past, the powers that be in Washington, D.C., have been steering this nation on a reverse collision course by rolling back several civil liberties enshrined in the Constitution. The 14th Amendment established the theory of “substantive due process” and “the equal protection of the laws” for citizens. It’s a concept that underpins many liberties that we, as Americans, take for granted today. In particular, the privacy right to contraception, the right to marry another of a different race or the same sex, and a woman’s right to choose, are all constitutional rights and freedoms imperil at the gavel of today’s Supreme Court. In what uncomfortably feels like a systemic maneuver to take us back through the dark doors of our nation’s history, the Supreme Court has been viciously ripping these rights at the seams, thus destroying the very fabric of our democracy.
The most recent example is the Supreme Court’s decision to roll back affirmative action in higher education. Affirmative action was first established in a 1965 executive order that instructed employers to “take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.” The Supreme Court then sanctioned affirmative action for university admissions constitutional in 1978 and subsequently on two other occasions. But late last month, the conservative justices of our highest court rendered a deadly blow to the future of affirmative action with a majority ruling erroneously recognizing the vestiges of slavery — the Black Codes, Jim Crow, and the New Jim Crow as relics, rather than the current reality for Black and Brown people. The conservative justices mistakenly believe that the adverse effects of generations of discrimination have been cured. Today’s Court concluded that the educational benefits that flow from a diverse student body are no longer a compelling government interest in admissions decisions to allow states to craft narrowly tailored affirmative action policies. In her dissenting opinion, Justice Sonia Sotomayor wrote that the court’s ruling “rolls back decades of precedent and momentous progress,” adding that it cements “a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter.” I couldn’t agree more.
Though the decision was rendered in the context of educational opportunities, the ruling provides a bleak forecast for other areas of affirmative action, like in the awarding contracts to increase opportunities for minority-owned women businesses.. Moreover, universities have warned that eliminating affirmative action would significantly impact student diversity on campus. For instance, administrators at Harvard University posit that taking race out of its admissions process would reduce enrollment of Black students from 14% to 6% of its student body, and Hispanic enrollment from 14% to 9%.. The dire prediction also indicates that the ruling will result in a 14% drop in students studying the humanities.
This wave of reverse action began when the Supreme Court completely decimated one of the most important decisions in our modern era – the 1973 landmark case affirming a woman’s constitutional right to an abortion. In June 2022, the Supreme Court, in one of its most gut-wrenching reversals, dismantled Roe v. Wade, Here again, the disproportionately affected people are Black women who, according to the Centers for Disease Control and Prevention, are 3 to4 times more likely to die from pregnancy-related complications than white women.
But before the ink had dried on the recent affirmative action ruling, another Supreme Court decision signaled that LBGTQ rights and marriage equality are on a precarious legal footing. Earlier this month, in a 6-3 decision, the Supreme Court ruled in favor of a Colorado web designer confirming a First Amendment right to refuse services to same-sex couples. Since the 1969 Stonewall Riots, the LGBTQ community has fought hard for their rights. After a protracted battle, they finally had a significant victory in June 2015, with the Supreme Court ruling requiring all states to acknowledge and respect the validity of marriage licenses granted to same-sex couples. Some said the high court would never roll back Roe v. Wade. And it did! How secure is marriage equality when the conservatives have begun chipping away at well-established precedent?
Throughout my tenure in the New York State Senate, I have stood on the right side of these issues through legislation like my law declaring racism a public health crisis and directing the state legislature to establish a working group to remedy the crisis. Additionally, I point to my legislation directing the Department of Labor to conduct a study on the employment rate of transgender persons in New York State, and requiring the State Civil Service Commission to publish reports annually relating to diversity within state government. These few examples are indicative of my commitment to ensure equitable outcomes for my community.
We cannot eradicate the warped thinking that fuels these outdated ideas and attitudes. Still, as a humane society, we must work toward quelling the environment of hate that is perpetuating in our nation. As a legislator, I am also determined to do my part by working with my colleagues in government to protect the progress we have made at leveling the playing field for Black and brown communities. I call on all conscious citizens to stand up, stand out, and speak up!
