Professor Jacobson strikes a blow against neo-segregation at the University of Minnesota

In 1963, George Wallace, the governor of Alabama and a Democrat, declared his support for ‘segregation today, segregation tomorrow, segregation forever!’ and modern progressives seem to agree. Recently we have seen a rise in outright segregation in schools:

College graduation commencement speakers overwhelmingly liberal, segregated ceremonies on the rise: Survey https://t.co/S1fkDYOjVJ

— Fox News (@FoxNews) May 23, 2023

We call this relatively recent resurgence of discrimination and segregation ‘neo-segregation.’

Naturally, these people think such discrimination is legal because it is anti-white discrimination. We have heard many people claim that somehow white people are not protected by anti-discrimination laws.

This is wrong as a matter of black letter law. For instance, 42 U.S.C. § 2000e-2 prohibits discrimination (in part) as follows:

It shall be an unlawful employment practice for an employer … to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin[.]

So, contrary to what some people think, the law doesn’t say something like ‘it is illegal to discriminate against non-white persons.’ It says it is illegal to discriminate because of race (and other factors). This is frankly how most of our civil rights laws are written. They don’t protect groups, but instead forbid people from the consideration of certain factors, such as race.

And, in the case of a state school, like the University of California at Berkeley …

… they have to also contend with the Fourteenth Amendment’s Equal Protection Clause. When it comes to racial discrimination, under the Equal Protection Clause that discrimination is presumptively invalid and it has to be narrowly tailored to further a compelling governmental interest. Lawyers know that racial discrimination almost never passes this test.

Which brings us to this nonsense at the University of Minnesota. As first reported by Professor William A. Jacobson …

Non-Whites Only U. Minnesota Summer Research Program Challenged By Equal Protection Project @ProtectionEqual https://t.co/OHmdHTJ5JU

— William A. Jacobson (@wajacobson) May 21, 2023

… the University of Minnesota created an internship program, but white people need not apply:

The University of Minnesota has a summer internship program called the Multicultural Summer Research Opportunities Program (‘MSROP’) – a 10-week summer research program for undergraduate students that is only available to non-white applicants.

The website explicitly listed color as a qualifying criterion:

We always find these kinds of listings to be weird. First, calling non-whites ‘people of color’ seems uncomfortably similar to calling them ‘colored people’ which we thought was a term we left behind. It’s also scientifically inaccurate: white is a color. Furthermore, they strangely separate out specific groups creating redundancies. For instance, the weirdly popular term ‘BIPOC’ stands for ‘black, indigenous and people of color’ as though the term ‘people of color’ wasn’t already understood to include black and indigenous people (a.k.a. Native Americans).

A similar redundancy is seen in this University of Minnesota program, saying one could be a ‘Student of Color or a Native American.’ Why separate Native Americans from ‘Students of Color?’ Wait, are they implying that a Native American doesn’t have to be a student to be eligible? (That’s a joke, but it is what they accidentally imply with this nonsense.)

You might know that Prof. Jacobson is the founder of the very excellent Legal Insurrection, and also founder of the Equal Protection Project. He reports that the Equal Protection Project filed a complaint with the Office of Civil Rights of the U.S. Department of Education, which mainly says the obvious: this is racial discrimination and this is illegal.

Late Monday night, however, he could report significant progress:

Victory: U. Minnesota Drops Race Requirements Excluding Whites From Summer Program After Equal Protection Project @ProtectionEqual Complaint https://t.co/nf54gvmr5r

— William A. Jacobson (@wajacobson) May 23, 2023

If you go through the post, you see that he reported on the news that the University of Minnesota was ‘reevaluating’ the program after his complaint got some significant attention. Then he reports that the Daily Mail caught them scrubbing the website:

Taxpayer-funded University of Minnesota is under fire for offering $6,000 summer internship that EXCLUDES white students, as Ivy League professor files discrimination complaint 🤯 Daily Mail Online #Racism https://t.co/41Rq5v4PDy

— CyberChick (@warriors_mom) May 23, 2023

From the article:

After attention was drawn to the program, it appears the university has removed the eligibility requirement that a candidate must be Native American or a person of color. Now, the requirements only say participants must be U.S. citizens or permanent residents.

Now, that means they are no longer engaging in open discrimination. But only time will tell if they are still engaging in secret discrimination.

Naturally, there were reactions to this story:

I’m sure the General Counsel didn’t advise this was ok. So must’ve been a “business decision” made at the top.

— LifeisMusic (@BangorRocks2) May 23, 2023

Any lawyer who signed off on this is incompetent.

Its outrageous how they indulge in racial discrimination against white people. Using the excuse of equity & inclusion! ITS RACIAL DISCRIMINATION by any other name.

— dean martini (@martinidayz) May 23, 2023

I’m not white and it sickens me how PC bigots enact the very system they claim they object to. It doesn’t equal the field, all it does is polarise people towards the far right.

— Pounce (@pounce_uk) May 23, 2023

University of Minnesota faces backlash over summer research program restricted to non-white applicants https://t.co/L7HLX53tQw #FoxNews
Lmao there's no racial discrimination towards white's, it's all our imagination. Even our president tells us this

— LB_Lucky (@LBLucky9) May 21, 2023

We are reading that as sarcasm.

University of Minnesota has a long history of racial discrimination against white students in admissions, as well as internship placements. This is just the latest example. https://t.co/sGzsLdlVKz

— Reed Alexander (@ReedAlexander20) May 21, 2023

Finally, for some perspective, this Tweeter demonstrates how such discrimination endangers civil rights for everyone, not just white people:

University of Minnesota is over 65% white. They carry a significant portion of the schools costs and support blatant racial discrimination. If POC-only programs are ok than there should be an allowance for all-White research and school programs.

— Allen (@Allen073157) May 21, 2023

That is the inevitable result of such racial discrimination. It might start as discrimination against white people, but will eventually become discrimination and segregation justified against all races, creating a great deal of division, but few winners. Sadly, the modern progressives (like old school progressives like President Woodrow Wilson), are determined to take us down that path.

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