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30 Howard L.J. 807 (1987)
Benign Preference as a Course to Equality: Its Morality, Efficacy and Constitutionality

handle is hein.journals/howlj30 and id is 833 raw text is: COMMENT Benign Preference as a Course to Equality: Its Morality, Efficacy and Constitutionality INTRODUCTION Discrimination against racial and ethnic minorities, long prac- ticed in America, has effects which linger for generations.' Many peo- ple meet closed doors everywhere they turn and are thus foreclosed from participation in the mainstream of American life. However, those who have the experience only occasionally, or especially for the first time, are usually quite offended and have difficulty dealing with it.2 This paper discusses benign preferences of certain minorities, pri- marily in education and employment, in an attempt to rectify past and present unfair discrimination against them. The controversy involves the question whether society can remedy the effects of past and present invidious discriminatory practices without betraying the very princi- ples on which we condemn such practices as unjust.3 Into focus come two conflicting points of view. The first view holds that our system must be color-blind regard- ing opportunity. Under this view any racial or ethnic classification is per se bad, will not work, and likely violates someone's fourteenth amendment guarantees of equal protection. Advocates of the color- blind principle argue that color-conscious laws and policies, unreason- ably penalizing persons for what they cannot help being, can only heighten awareness of each other's color and exacerbate racial conflict.4 The second view regards preferential treatment, affirmative ac- 1. See generally Baldwin and Nagan, Board of Regents v. Bakke.- THE ALL-AMERICAN DILEMMA REVISITED, 30 U. FLA. L. REV. 843, 857-59 (1978). 2. I do not suggest that those who receive this treatment all the time are not offended too, or that their injury is less because they are used to it. 3. B. GROSS, DISCRIMINATION IN REVERSE: IS TURNABOUT FAIR PLAY? Vii (1978). 4. B. BOXILL, BLACKS AND SOCIAL JUSTICE 11 (1984).

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