Assemblywoman Shirley Weber, D-San Diego, left, is congratulated by Assembly members Sharon Quirk-Silva, D-Fullerton, center, and Phil Ting, D-San Francisco, after ACA5 passed today. (Photo credit: AP/ Rich Pedroncelli)
Nearly 25 years ago, California voters passed Proposition 209, a state constitutional amendment that barred public institutions (such as public universities and state agencies) from considering race, gender, or ethnicity in admissions, hiring, or contracting. In so doing, California became one of only eight states in the US to ban the use of race- or gender-conscious affirmative action.
In the nearly 25 years since Proposition 209’s passage, the loss of affirmative action has only served to further crystallize the ways in which structural inaccess disproportionately excludes Black and Brown communities. We have seen an erosion of Black and Brown enrollment in California’s public universities, and fewer state contracts awarded to minority-owned businesses. Proposition 209 was clearly decided in error, and it is time for a new generation of California voters to be empowered to correct the persistent exclusion of so many Californians of colour.
California State Assemblymember Cristina Garcia. (Photo credit: Wikimedia)
By Guest Contributor: Nicole Gon Ochi, Advancing Justice – Los Angeles (AAAJ-LA)
Last month, reports surfaced that California Assemblywoman Cristina Garcia, the #MeToo activist under investigation for sexual harassment and under fire for using homophobic slurs, also made racist comments about Asians in 2014, when she reportedly said, “This makes me feel like I want to punch the next Asian person I see in the face.” Garcia’s statement came during a heated moment in California’s history when a bill (SCA 5) to repeal California’s ban on the consideration of race in college admissions (Prop 209) was defeated by Asian American opponents of affirmative action.
Garcia’s comment is undeniably hateful and offensive. It essentializes all Asian Americans into a single trope and targets them for violence. I wholeheartedly denounce Garcia’s comment, however I also empathize with her underlying anger because the anti-affirmative action organizing around SCA 5 was deeply painful for many people. For decades, although Asian Americans have benefited from affirmative action, we as a group have been used as a racial wedge to minimize the effects of structural racism, denigrate other communities of color, maintain white supremacy and argue for the virtues of colorblindness.
As a whole, Asian Americans have largely resisted efforts to co-opt our own history of discrimination and exclusion to reinforce a racial hierarchy that continues to harm us. When conservative white politicians began using Asian Americans as a racial wedge in debates over elite admissions policies in the 1980s, leading Asian American academics and activists resisted this characterization. A majority of Asian Americans voted against Prop 209 in 1996 and public opinion polling consistently shows that Asian Americans support affirmative action. So, it came as a surprise when a small group of highly organized, primarily Chinese immigrants quickly and effectively pushed Asian American state legislators, many of whom had already voted for the bill, to ultimately turn back an effort to restore equity to public higher education.
When the matter comes under contest, affirmative action’s Asian American advocates readily point to disparities in higher education access for particular Asian Americans, Native Hawaiians, and Pacific Islanders. According to a 2015 report on AANHPI higher education in California:
Filipinx, Thai, Laotian, Native Hawaiian, and Pacific Islander students are admitted into the University of California (UC) system at rates significantly lower than the general admit rate.
Filipinxs, Native Hawaiians, Samoans, Guamanians/Chamorros, and Fijians are, relative to their overall population, underrepresented in the UC system.
Vietnamese, Cambodian, Hmong, Guamanian/Chamorro, Samoan, and Laotian adult individuals (25 years and older) possess bachelor degrees (or higher) at rates lower than the overall state average of 31%.
The importance of noting these disparities cannot be overstated. However, to one particular Asian American audience, this may be thoroughly unconvincing. Persuasive as they might be to a broader audience, the typical pro-affirmative action argument from AANHPI advocacy groups fails to persuade some Asian Americans who oppose affirmative action because they leave an elephant in the room unaddressed.
After months of increasingly vitriolic debate that divided the AAPI community, California Assembly Bill 1726 (AB1726) was significantly amended on Friday. In its original version, AB1726 was the culmination of years of lobbying work by California’s AAPI advocacy community, and it would have put in place measures to disaggregate healthcare and higher education data to reveal disparities faced by Southeast Asian Americans and Pacific Islanders in the state. Using the same ethnic options offered by the National Census, AB1726 would have expanded the ethnic self-identification choices offered in demographic studies conducted by state departments related to healthcare and higher education.
Yet, conservative lobbyists lost no time last year to infiltrate the vocal minority of Asian Americans who still oppose affirmative action, and those lobbyists have organized a series of new legal efforts to end affirmative action: late last year, Edward Blum — the mastermind behind Abigail Fisher’s Supreme Court case challenging the constitutionality of affirmative action — found some willing Asian American faces to launch a new series of lawsuits. This Friday, a group of over 50 Asian American organizations (which in particular still remains unknown) will hold a press conference at The National Press Club to announce their intention to file an administrative complaint to the Civil Rights Division of the Department of Justice alleging that Harvard University’s admission policies discriminates against Asian Americans.
In their press release, this group claims that their scheduled complaint filing is “the largest action taken by Asian Americans for equal college admission rights in 20 years, joined by more than 50 Chinese, Indian, Korean and Pakistani organizations all over the nation”. This quote is disconcerting for a few reasons. First of all, it suggests that this group of Asian American anti-affirmative action activists presumes to speak for the entire Asian American community despite our demonstrated popular support for (not against) affirmative action; and second that it presumes to do so while failing to represent the voices of Southeast Asian Americans or our Native Hawaiian & Pacific Islander allies.
In the last 48 hours, over 120 (and counting) groups (update: now 135+) that serve the AANHPI community around the nation have come together — along with hundreds of impassioned individuals — in a massive coalition to pen an open letter supporting affirmative action in higher education. Representing a broad cross-section of AANHPI civil rights leaders, this group reflects the AANHPI’s dedication to higher education access for all, and the important role that affirmative action programs play in educational justice.