Jewish World Review Dec. 11, 2002 / 6 Teves 5763

Wendy McElroy

Wendy McElroy
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Affirmative action insults immigrant contributions | The crossfire of commentary about the U.S. Supreme Court's decision to review affirmative action makes one thing clear: The Left thinks it owns the concepts of "justice," "equality" and "freedom."

Those who oppose affirmative action are dismissed as "just not getting it." The truth is, we understand these concepts too well.

The case concerns the University of Michigan's policy of giving bonus admission points to black, Hispanic and Native American applicants solely because they are minorities. Whites, because of their skin color, must meet a higher standard. (The case has immediate implications for gender.)

This is discrimination. The question becomes "is it proper discrimination?" Or, more broadly, is it ever proper for a tax-funded institution to systematically privilege one class of people at the expense of another?

Martin Luther King, leader of the '60s civil rights movement, didn't think so. In his justly renowned speech "I Have a Dream" King declared, "I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character."

Contemporary "civil rights" leaders are demanding King's grandchildren be judged on the basis of skin color. More than this: They advocate lowering the bar for minorities, presumably because they believe minorities cannot compete on an equal footing with whites (or white males), despite decades of leveling policies such as affirmative action.

Advocates of affirmative action use skin color or gender to create class privileges by harking back to historical inequities. Because some classes were once legally oppressed, it is argued that they must be privileged today. Class privilege becomes good or bad depending on who receives it.

Just one of the problems with this position is the fact that the individuals being privileged today were not the ones oppressed in the past. Moreover, the individuals being legally oppressed today have committed no offense.

My Irish ancestors are an example of the latter. In the 19th century, Americans viewed the half-starved Irish immigrant as less than human. Indeed, plantation owners used the Irish to do perilous work, like clearing swamps, because they were considered less valuable than slaves. The push behind public school and juvenile delinquent legislation was largely a desire to "Christianize the Catholics" -- the Irish immigrants.

Such immigrants had nothing to do with slavery, the theft of land from Indians or any of the historical inequities being wielded like invoices by a bill-collector. The European immigrants of the 19th century fled from societies that legally oppressed them and privileged others. They fled to a place where backbreaking work could offer a better life to their children. And they prospered despite a system that brutally discriminated against them. They prospered because, for most practical purposes, they were equal under the law.

North America was seen as a classless society. It did not live up to that description, but it came closer than anywhere else in the world. For many immigrants, even an approximation of the ideal gleamed like a beacon: A society in which all people -- especially their children -- were equal under the law. And, through the 19th and 20th centuries, America moved closer toward this ideal by recognizing the equal rights of minorities and women.

Affirmative action ignores the immigrants' dreams and sacrifices for their children. Instead, it asks the state to become a remedial historian who searches through centuries of injustices picking and choosing which race and what events are to be placed as burdens on the backs of today's taxpayers and children. The descendants of European immigrants are to be legally disadvantaged because they are white or, even worse, white males.

And, if anyone objects, the first counter-arguments hurled are ad hominems such as "racist" or "sexist."

A system that says the bar must be lowered for me, because I'm a woman, or for my husband, because he's Hispanic, is an insult to us both. I don't need Big Brother or Big Sister to protect me from being judged on my merits. Be my guest and call these beliefs racist and sexist.

They will also be called "elitist."

The Left has accomplished a political sleight-of-hand par excellence. Arguing for a legal system and tax-supported institutions that are color and gender blind is now called elitist. Equality is now defined as privileges based on color and gender.

Throughout history, freedom has grown by collapsing legal privileges that exalt some and leave others in servitude. In England, the Magna Carta deprived the king of exclusive rights and extended them to nobles; the breakdown of feudalism extended property rights from nobles to peasants. In the United States, the demise of slavery extended "property in one's own person" from whites to blacks; the woman's movement extended full legal recognition from men to women.

Freedom means recognizing that every human being possesses every human right in equal measure.

The travesties of the past occurred precisely because this principle was ignored. The solution then was to remove privileges from the law. The solution remains the same.

Those who argue against affirmative action "get" the concepts of "justice," "equality" and "freedom." That is precisely why we say: eliminate affirmative action.

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JWR contributor Wendy McElroy is the editor of She also edited Freedom, Feminism, and the State (Independent Institute, 1999) and Sexual Correctness: The Gender Feminist Attack on Women (McFarland, 1996). She lives with her husband in Canada. Comment by clicking here.


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11/27/02: Feminist fighting: Aren't we all women?
11/20/02: Rights & responsibilities
11/14/02: Feminist "urban legends"
11/06/02: Equal access does not guarantee equal outcome
10/24/02: Battered Women's Syndrome: Science or sham?
10/17/02: I demand a civil society that respects the individual and acknowledges the existence of honest disagreement between human beings of good will
10/09/02: Abortion debate is about to be ratcheted up yet again
10/02/02: 'Restorative justice' offers battered women more options
09/25/02: Why is prez promising to embrace UN radical social engineering programs?
09/18/02: Dirty dealings kill men's panel
09/11/02: Taking back your power
09/05/02: Calm down, Hootie!
08/21/02: Will Congress empower a group of radical feminists to oversee money slated for Afghan women?
08/14/02: Empower the U.N. with power to sculpt American laws and institutions into the image of gender feminism!?
08/01/02: Practicing 'intellectual virtue'
07/24/02: All male, bad. All female, good: Your tax dollars at work
07/11/02: Put Up or Shut Up
07/03/02: NOW they've done it, again!
06/19/02: A dark cloud shades U.N. Women's Treaty
06/10/02: This Father's Day, send justice
05/31/02: When good women do nothing
05/28/02: Feminists claiming motherhood as liberal cause
05/20/02: Wounds in health care system are self-inflicted: Or, why "my son the lawyer" makes more sense
05/10/02: Are parents boycotting public schools?
05/03/02: Women can't be gun-shy about defense
04/25/02: The Bill of Intellectual Rights
04/19/02: World Bank or World Government?: The World Bank is blackmailing impoverished nations
04/12/02: Victims From Birth: Engineering Defects in Helpless Children Crosses the Line
04/05/02: The professor made me cry, now I will make him pay!
03/31/02: Doctors and teens --- parents be on guard
03/22/02: I was born, now I'm suing you!
03/15/02: The 21st Century is knocking at the barricaded door of feminism
03/08/02: Fun and games at the Ms mag Bulletin Board
03/01/02: Andrea Yates, NOW, and Feminist Jurisprudence
02/22/02: Lady, Your Slip is Showing
02/14/02: 'Abusing' Valentine's Day
02/11/02: Is NOW Pro-Choice or Pro-Abortion?
02/01/02: Are 'fathers' rights' a factor in male suicide?
01/25/02: Is the U.N. Running Brothels in Bosnia?
01/18/02: 'Freedom' at another's (moral) expense
01/11/02: Feminists hit Ground Zero with WTC funds grab
01/04/02: Males winning "diversity discrimination" cases is good?
12/21/01: Good will toward men
12/14/01: "Boss Tweed" feminism
12/07/01: Call me 'anti-woman'

© 2001, Wendy McElroy