Last week, the Supreme Court made headlines with its landmark decision to reject affirmative action in higher education.
However, this move was not entirely unprecedented, as the state of Florida had already taken a unilateral stance on the issue by banning the use of race as a factor in college admissions. This decision by Florida could serve as an instructive forecast of what other parts of the country may expect moving forward.
The Supreme Court's decision came as a result of a case that combined lawsuits against Harvard University and the University of North Carolina, along with the student activist group Students for Fair Admissions.
July 07, 2023
These parties argued that the admissions programs of these schools discriminated against Asian applicants, violating Title VI of the Civil Rights Act and the equal protection clause of the 14th Amendment.
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Chief Justice John Roberts, in the court's majority opinion, emphasized the importance of treating students as individuals rather than basing admissions decisions on their race. He stated, "A benefit to a student whose heritage or culture motivated him or her to assume a leadership role or attain a particular goal must be tied to that student's unique ability to contribute to the university."
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Roberts criticized universities that have prioritized race over an individual's accomplishments, stating, "Our constitutional history does not tolerate that choice."
However, the Supreme Court's decision was met with criticism from liberals in various media outlets and Democrats in Congress. Some commentators even attacked Asian Americans, accusing them of being tools of White people or even White supremacists themselves.
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On the other hand, many Republicans, including Florida Governor and 2024 presidential candidate Ron DeSantis, expressed support for the Supreme Court's decision.
DeSantis highlighted Florida's own approach to affirmative action, which has been in place since the state unilaterally banned race and gender preferences in college admissions. A spokesperson for DeSantis stated, "We are proud to have a system based on merit instead of woke politics."
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The Florida Board of Governors, the governing body for the State University System of Florida, also praised the Supreme Court's decision.
They noted that the state had already prohibited the use of race as a factor in college admissions, stating, "The State University System of Florida provides students equality of opportunity through color-blind admissions. Florida is proof that diversity can be achieved without affirmative action."
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This color-blind approach to admissions in Florida dates back to 1999 when then-Governor Jeb Bush signed an executive order known as the "One Florida" initiative. This initiative aimed to increase diversity in the state without resorting to discriminatory practices.
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It banned "racial or gender set-asides, preferences, or quotas" in state hiring, contracting, and public university admissions. Instead of race-based admissions, Florida implemented a program that guaranteed admission into one of its public universities for students who graduated in the top 20% of their high school class, regardless of their race.
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According to the admissions regulations of the Florida Board of Governors, all Florida universities are prohibited from considering preferences based on "race [or] color" during the admissions process.
The implementation of the One Florida initiative initially led to a decline in the overall representation of Black and Hispanic students at Florida's public universities relative to their population. However, some schools, such as the University of Florida, saw gains in Black and Hispanic representation. In recent years, though, the gap has widened between Black and Hispanic students and their White counterparts.
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Critics of the One Florida initiative and proponents of affirmative action argue that the decline in Black and Hispanic college students relative to their respective populations of high school seniors is evidence that race should be considered in admissions to ensure fairness and equality.
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However, supporters of the recent Supreme Court decision counter that true equality can only be achieved in a color-blind society. They argue that fluctuations in representation are to be expected and that Florida's education system undermines the notion of systemic exclusion in admissions based on race.
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Despite the ongoing debate, Florida has consistently been ranked as the number one state in the country for higher education by U.S. News & World Report since 2017. Florida officials have praised this ranking as a testament to the strength of their education system. However, critics argue that U.S. News & World Report's rankings use flawed metrics that do not accurately reflect the education landscape.
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Regardless of the rankings, the University of Florida, the state's top-ranked university, emphasizes that it does not consider race as a factor in its admissions decisions. Cynthia Roldán, the school's director of strategic communications, stated, "The University of Florida adheres to non-discrimination practices in admissions, and we do not consider race as a factor in our admissions decisions."
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The university follows a comprehensive, holistic review process that evaluates both academic and nonacademic criteria, in addition to complying with federal and state laws and the regulations of the Florida Board of Governors.
Over the years, Florida's emphasis on non-race-based admissions decisions has led to increased competitiveness among its universities. In 1999, 69% of freshmen at the University of Florida were in the top 10% of their graduating class. By 2020, that number had risen to 82%, indicating that Florida schools are becoming increasingly competitive.
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Florida's commitment to a color-blind approach to admissions extends beyond just affirmative action. Governor DeSantis recently signed a law that prohibits colleges and universities from using state or federal funds to promote, support, or maintain programs that advocate for diversity, equity, and inclusion (DEI).
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The law also prohibits schools from spending money on programs or activities that engage in political or social activism, as defined by the State Board of Education or the Board of Governors.
Florida is not the only state banning the consideration of race in college admissions. Texas, Michigan, Washington, and California are among the few other states that have taken similar measures.
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In California, supporters of race-conscious admissions argue that the gap between the share of high school graduates who were Black and the share of college freshmen who were Black quadrupled from 1994 to 2009. However, others cite data indicating that race-blind admissions have led to higher grades and fewer dropouts at colleges and universities.
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In Texas, the University of Texas at Austin experienced a significant drop in Black enrollment in 1997 when the state banned race-based criteria. However, the share of Black students recovered to about where it was before the ban once Texas implemented a plan similar to Florida's, guaranteeing admission for the top 10% of each high school's graduating class.
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While the debate over affirmative action and race-conscious admissions continues, Florida's experience provides valuable insight into the potential outcomes of a color-blind approach to college admissions.
The state's commitment to merit-based admissions has resulted in increased competitiveness among its universities. Florida's success in achieving diversity without affirmative action challenges the notion that race must be a determining factor in admissions decisions. As the rest of the country grapples with the implications of the Supreme Court's decision, Florida's example may serve as a guide for other states considering similar measures.
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