Amicus Curiae Brief — Students for Fair Admissions, Inc., Petitioner v. University of North Carolina, et al.

Supreme Court briefAug 1, 2022

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Text

Nos. 20-1199 and 21-707

In The

Supreme Court of the United States

-------------------------- ʕ ---------------------------

STUDENTS FOR FAIR ADMISSIONS, INC.,

Petitioner,

v.

PRESIDENT AND FELLOWS OF HARVARD COLLEGE,

Respondent.

-------------------------- ʕ ---------------------------

STUDENTS FOR FAIR ADMISSIONS, INC.,

v.

Petitioner,

UNIVERSITY OF NORTH CAROLINA, ET AL.,

Respondents.

-------------------------- ʕ --------------------------

On Writ of Certiorari to the United States Court of

Appeals for the First and Fourth Circuits

-------------------------- ʕ --------------------------

BRIEF OF FAITH ORGANIZATIONS AS AMICI

CURIAE IN SUPPORT OF RESPONDENTS

-------------------------- ʕ --------------------------

Rodney Slater

Corrine Irish*

*Counsel of Record

SQUIRE PATTON

BOGGS (US) LLP

2550 M Street, NW

Washington, DC 20037

(202) 457-6346

corrine.irish@squirepb.com

Counsel for Amici Curiae

Keith Bradley

SQUIRE PATTON

BOGGS (US) LLP

717 17th Street, Suite 1825

Denver, CO 80202

Chase Goldstein

Andrew Yu-Chih

SQUIRE PATTON

BOGGS (US) LLP

555 South Flower Street

31st Floor

Los Angeles, CA 90071

Dated: August 1, 2022

THE LEX GROUPDC i 1050 Connecticut Avenue, N.W. i Suite 500, #5190 i Washington, D.C. 20036

(202) 955-0001 i (800) 856-4419 i www.thelexgroup.com

i

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ....................................... ii

INTERESTS OF AMICI CURIAE ............................. 1

SUMMARY OF ARGUMENT .................................... 4

ARGUMENT ............................................................... 5

I.

Religious Teachings Affirm the Value of

Diversity ......................................................... 5

II.

Diverse College Campuses Are

Necessary to the Missions of Religious

Denominations and Faith Based

Organizations. ................................................ 8

III. As We Bear Witness to Increased

Intolerance, Misinformation and Racial,

Ethnic and Religious Violence, Diversity

in Higher Education is More Important

than Ever Before. ......................................... 15

CONCLUSION ......................................................... 22

ii

TABLE OF AUTHORITIES

Page(s)

Cases

Christian Legal Soc’y v. Martinez,

130 S. Ct. 2971 (2010) ....................................... 15

Keyishian v. Bd. of Regents of the Univ. of the

State of N.Y., 385 U.S. 589 (1967) .................. 11-12

Regents of the Univ. of Cal. v. Bakke,

438 U.S. 265 (1978) ..................................... 11, 15

Constitutional Provisions

U.S. Const., Preamble .............................................. 5

Other Authorities

2018 Crime In Texas – Executive Summary,

TEXAS DEPARTMENT OF PUBLIC SAFETY

https://www.dps.texas.gov/sites/default/file

s/documents/crimereports/18/executivesum

mary.pdf ............................................................. 17

2021 Hate Crime in California, CALIFORNIA

DEPARTMENT OF JUSTICE, Jun. 28, 2022,

https://oag.ca.gov/system/files/attachments/

press-docs/Hate%20Crime%20In%20CA%

202021%20FINAL.pdf ....................................... 17

iii

About CRLMC, Council of Religious

Leaders of Metropolitan Chicago

(“CRLMC”),

https://www.crlmc.org/aboutcrlmc.html ........... 18

About the ELCA, EVANGELICAL LUTHERAN

CHURCH IN AMERICA (“ELCA”),

https://www.elca.org/About ............................... 10

Archbishop Kurtz Expresses ‘Grief and Deep

Sadness’ Over Charleston Church

Shooting, USCCB, June 19, 2015,

https://www.usccb.org/news/2015/archbi

shop-kurtz-expresses-grief-and-deepsadness-over-charleston-church-shooting ........ 20

Bible, New International Version .................... 5, 6, 7

Book of Discipline Section 1: The Churches,

UNITED METHODIST CHURCH, 2016,

available at,

https://www.umc.org/en/content/book-ofdiscipline-120-ff-section-1-the-churches ............. 9

C. Robinson et al, 11 Killed in Synagogue

Massacre; Suspect Charged With 29

Counts, NY TIMES, Oct. 27, 2018,

https://www.nytimes.com/2018/10/27/us/

active-shooter-pittsburgh-synagogueshooting.html ..................................................... 16

Community Outreach Ministries, ABHMS,

https://abhms.org/ministries/healingcommunities/neighborhood-action/ .................. 13

iv

Crime in Texas 2020, TEXAS DEPARTMENT

OF PUBLIC SAFETY,

https://www.dps.texas.gov/sites/default/f

iles/documents/crimereports/20/2020cit.

pdf ................................................................ 16, 17

The Editors of the Encyclopedia Britannica,

Samaritan, BRITANNICA

(updated May 4, 2021), May 22, 2022,

https://www.britannica.com/topic/Samar

itan ....................................................................... 7

E. Smith, Hate Crime Recorded by Law

Enforcement, U.S. DEP’T OF JUSTICE,

BUREAU OF JUSTICE STATISTICS,

2010-2019, at

https://bjs.ojp.gov/sites/g/files/xyckuh236

/files/media/document/hcrle1019.pdf

(September 2021) ............................................. 16

FACT SHEET: President Biden

Reestablishes the White House Office of

Faith-Based and Neighborhood

Partnerships, THE WHITE HOUSE

(Feb. 14, 2021),

https://www.whitehouse.gov/briefingroom/statementsreleases/2021/02/14/fact-sheet-presidentbiden-reestablishes-the-white-houseoffice-of-faith-based-and-neighborhoodpartnerships/ ..................................................... 13

10 Facts You Should Know About American

Baptists, AMERICAN BAPTIST CHURCHES

USA, https://www.abc-usa.org/10facts/ .............. 8

v

How Strategic and Authentic is Our

Diversity; A Call for Confession,

Reflection and Healing Action, ELCA,

adopted Aug. 9, 2019, available at

https://download.elca.org/ELCA%20Reso

urce%20Repository/Strategy_Toward_A

uthentic_Diversity.pdf?_ga=2.197349869

.333905562.1658513717393549660.1658513717 .................................... 12

How We Serve, UNITED CHURCH OF CHRIST,

https://www.ucc.org/what-we-do/ ...................... 13

Intercultural Ministries, AMERICAN BAPTIST

HOME MISSION SOCIETIES (ABHMS),

https://abhms.org/ministries/developingleaders/intercultural-ministries/ ...................... 13

J. Delores et al, Learning: The Treasure

Within. Report to UNESCO of the

International Commission on Education

for the Twenty-first Century, UNITED

NATIONS EDUCATIONAL SCIENCE, AND

CULTURAL ORGANIZATION (1996) ....................... 21

J. Patterson, United Methodists speak out

in wake of synagogue shooting, UM

NEWS, Oct. 29, 2018,

https://www.umnews.org/en/news/united

-methodists-speak-out-in-wake-ofsynagogue-shooting ........................................... 19

vi

K. Roose, On Gab, an Extremist-Friendly

Site, Pittsburgh Shooting Suspect

Aired His Hatred in Full, NY TIMES,

Oct. 28, 2018,

https://www.nytimes.com/2018/10/28/us/

gab-robert-bowers-pittsburghsynagogue-shootings.html................................. 18

M. Berman, Prosecutors say Dylann Roof

‘self-radicalized’ online, wrote another

manifesto in jail, WASH. POST, Aug. 22,

2016 .................................................................... 18

M. Kinard & D. Lavoie, Court Upholds

Death Sentence for Church Shooter

Dylann Roof, AP NEWS, Aug. 25, 2021,

https://apnews.com/article/religion389bcc56019f268cb1056e37a517bd6c............... 15

Mar Muñoz-Visoso, Mandate, UNITED

STATES CONFERENCE OF CATHOLIC

BISHOPS (“USCCB”),

https://www.usccb.org/committees/cultur

al-diversity-church ........................................ 4, 11

Mission Statement, AMERICAN BAPTISTS,

https://www.abc-usa.org/missionstatement/ ............................................................ 8

Mission, UNITED CHURCH OF CHRIST,

https://www.ucc.org/mission/ .............................. 8

Mission & Vision, ELCA,

https://www.elca.org/About/Mission-andVision ................................................................. 10

vii

Our People, UNITED METHODIST CHURCH,

https://www.umc.org/en/who-we-are/ourpeople ................................................................... 9

P. Helsel & R. Elbaum, 8 Dead in Atlantaarea Spa Shootings, Suspect Arrested,

NBC NEWS, Mar. 17, 2021,

https://www.nbcnews.com/news/usnews/3-dead-shooting-georgia-massageparlor-suspect-loose-n1261262 ......................... 16

People of Many Backgrounds, UNITARIAN

UNIVERSALIST ASSOCIATION,

https://www.uua.org/beliefs/who-weare/backgrounds ................................................ 10

Press Release, The Council of Bishops

African Methodist Episcopal Church,

Statement from A.M.E. Bishops on

Charleston anniversary, June 17, 2016,

available at

https://disciples.org/ecumenical/stateme

nt-m-e-bishops-charleston-anniversary/........... 21

Qur’an........................................................................ 6

R. Winthrop, Learning to Live Together:

How Education Can Help Fight

Systemic Racism, BROOKINGS INSTITUTE,

June 5, 2020,

https://www.brookings.edu/blog/

education-plus-development/2020/06/05/

learning-to-live-together-how-educationcan-help-fight-systemic-racism/ ........................ 21

viii

Response to the Synagogue Massacre in

Pittsburgh, Pennsylvania, CRLMC,

Oct. 29, 2018,

https://www.crlmc.org/response-to-treeof-life-massacre.html ......................................... 19

S. Venkatraman and C. Adams, Black,

Asian and Latino Communities All

Faced Mass Shootings in 2 Weeks. How

They're Showing Support, NBC NEWS,

May 26, 2022,

https://www.nbcnews.com/news/nbcblk/b

lack-asian-latino-communities-facedmass-shootings-2-weeks-showing-surcna30504 ......................................................... 16

Statement of U.S. Bishop Chairmen in

Wake of Death of George Floy and

National Protests, UNITED STATES

CONFERENCE OF CATHOLIC BISHOPS, May

29, 2020,

https://www.usccb.org/news/2020/statem

ent-us-bishop-chairmen-wake-deathgeorge-floyd-and-national-protests ................... 14

Torah ......................................................................... 5

‘United against hate’: UN chief and

religious leaders honour victims of

Pittsburgh synagogue shooting, UN

NEWS, Oct, 31, 2018,

https://news.un.org/en/story/2018/10/102

4542 .................................................................... 18

ix

Z. Laub, Hate Speech on Social Media:

Global Comparisons, COUNCIL ON

FOREIGN RELATIONS, Jun. 7, 2019,

https://www.cfr.org/backgrounder/hatespeech-social-media-global-comparisons .......... 17

1

INTERESTS OF AMICI CURIAE 1

Amici are religious bodies and organizations

committed to preserving and developing faithteaching and ministry that reflects and is relevant to

the multicultural society they serve.

Amici,

therefore, have a strong interest in ensuring that all

students, including members, youth leaders and

future ministers of their faith, receive an education

that affords them experience, engagement and

critical dialogue with others from diverse

backgrounds. Amici seek to nurture young people and

give them the tools they need to reach their full

potential, including being equipped for the pluralistic

and multicultural society in which amici minister

and serve.

The General Synod - United Church of

Christ - The General Synod is the representative body

of the United Church of Christ (“UCC”) and is

composed of Local Church delegates chosen by the

Conferences, voting members of the United Church of

Christ Board who have been elected by General

Synod, delegates from Historically Underrepresented

Groups, and ex officio delegates. The UCC is a diverse

community of Christians that come together as one

church to join faith and action. The UCC was formed

in 1957 by the union of the Evangelical and Reformed

Church and the General Council of the Congregational

Christian Churches of the United States in order to

1 No counsel for a party authored this brief in whole or in

part, and no person other than amici and their counsel made a

monetary contribution to fund the preparation or submission of

this brief. Petitioner and Respondents have filed blanket

consents to amicus briefs with the Court.

2

express more fully the oneness in Christ of the

churches composing it, to make more effective their

common witness in Christ, and to serve God’s people

in the world. The UCC has nearly 4,800 Local

Churches in the United States, with a membership of

nearly 775,000. The General Synod of the UCC,

various settings of the UCC, and its predecessor

denominations, have a rich heritage of supporting

diversity. In 1981 at its thirteenth gathering, the

General Synod passed a foundational resolution

entitled “Affirmative Action in Church and Society”

and in 1995 at its twentieth gathering the General

Synod passed a resolution entitled “Recommitment to

Affirmative Action in Light of Recent Supreme Court

Decisions.”

American Baptist Home Mission Societies

(“ABHMS”) answers God’s call to live out Christian faith

and transform individuals, congregations and

communities by developing Christ-centered leaders,

networks and programs committed to witness and

evangelism, social justice, discipleship and mission work

across the United States and Puerto Rico. Missionaries

of all types partner with ABHMS daily to minister to

those in need. A central part of ABHMS's mission is a

commitment to sharing and learning across cultures,

and the common understanding that the church is

enriched when the contributions of all are engaged in

its witness and mission. Through cultural awareness

and sensitivity skill development, racial reconciliation

training and dialogue, intercultural development tools

and coaching, and coordination of activities that

promote cross-cultural learning opportunities, ABHMS

helps congregations and individuals develop cultural

awareness and sensitivity for building a just and

inclusive church. ABHMS is also committed to

3

providing and supporting educational opportunities

that enable and empower students and ministerial

leaders to grow both personally and professionally.

The African Descent Lutheran Association of

the ELCA (“ADLA-ELCA”) is the Ministry within the

Evangelical Lutheran Church in America (“ELCA”)

focused on engaging and investing in the interests and

capacity of ELCA members of African descent – those

who self-identify as Black, African Caribbean, African

American, African Nationals and others of African

ancestry. The ELCA is one of the largest Christian

denominations in the United States, with nearly 3.3

million members in more than 8,900 worshiping

communities in the US and Caribbean. The ALDAELCA seeks to strengthen the hand of the ELCA for

building a multicultural church. In 2005, the ELCA’s

Church-wide Assembly approved the ELCA African

Descent Strategic Plan – a plan that continues to be

implemented and is focused on initiatives such as

increasing visionary pastoral leaders prepared or

preparing to serve that are of African descent; and

increasing the number of African descent congregations.

The National Council of the Churches of

Christ in the USA (“NCCUSA”) is a diverse

covenant community of 37 member communions and

over 30 million individuals –100,000 congregations

from Protestant, Anglican, historic African-American,

Orthodox, Evangelical, and Living Peace traditions –

in a common commitment to advocate and represent

God’s love and promise of unity in the public square.

In 1963, the NCCUSA adopted a Human Rights Policy

Statement that declared the inherent worth, rights,

and responsibilities of all persons. The NCCUSA

remains steadfast in its work to end racism and

4

transform the church and society into a reflection of

the inclusive and equitable reign of God.

SUMMARY OF ARGUMENT

In a multicultural society, diversity in higher

education is essential to obtaining the necessary

growth and experience to lead and serve in both

secular and religious spaces.

As religious

institutions, we understand that a calling to serve all

those in need and to spread the Word of God requires

cultural competencies that allow meaningful

engagement with people of all ethnicities and races.

A diverse faith experience is a value that is

enshrined in religious teachings. Moreover, having a

diverse faith community and serving a diverse

population are stated missions for many religious

organizations and denominations. Yet, experience

teaches that achieving those goals requires more

than simply stating those desired outcomes. Rather

“to be effective in a diverse environment, the right

knowledge, attitudes and skills need to be

developed.” 2 A rejection of the compelling interest of

diversity in education ignores this unassailable

truth.

The consequences of a failure to meaningfully

foster diversity is evident today in the miseducation

that is flourishing within the country. Racial, ethnic

and religious hatred are fed by division and the

2 Mar Muñoz-Visoso, Mandate, UNITED STATES CONFERENCE

OF CATHOLIC BISHOPS (“USCCB”), https://www.usccb.org/

committees/cultural-diversity-church (last visited, July 19,

2022).

5

absence of any meaningful engagement across

cultures. It is in that isolation that false information

is disseminated – often through the internet – and

fomented into violent action. Racial and religious

violence has found its way into our most sacred

spaces. We cannot be silent.

Diversity must be maintained as a compelling

interest in our educational institutions so that we

may continue to build “a more perfect Union,” U.S.

CONST., Preamble – one that engages with and seeks

to understand our differences, rather than erases or

ignores them.

ARGUMENT

I.

Religious Teachings Affirm the Value of

Diversity

The Bible recounts the Apostle John stating “I

looked, and there before me was a great multitude

that no one could count, from every nation, tribe,

people and language, standing before the throne and

before the Lamb.” Revelations 7:9 (“Bible, New

International Version (“NIV”)). It also extolls Paul

preaching: “From one man God made every nation of

the human race, that they should inhabit the whole

earth.” Id., Acts 17:26. The Torah states that: “When

a stranger resides with you in your land, you shall not

wrong him. The stranger who resides with you shall

be to you as one of your citizens; you shall love him as

yourself, for you were strangers in the land of Egypt:

I Adonai am your God.” Leviticus 19:33-34 (Torah).

The Torah’s book of Isaiah also teaches that: “For my

House shall be called a house of prayer for all

peoples.” Isaiah  7RUDK  6LPLODUO\ WKH 4XU·œQ

6

highlights the importance of human diversity: “O

mankind, We have created you male and female, and

appointed you races and tribes, that you may know

one another. Al-Hujuraat  4XU·œQ 

In the Christian faith of Amici, the Bible

describes the kingdom of heaven as a diverse makeup

of people from every culture – a great multitude or a

feast to which all are invited. See, Matthew 8:11

(NIV), (“I say to you that many will come from the east

and the west, and will take their places at the feast

with Abraham, Isaac and Jacob in the kingdom of

heaven”); Matthew 22:1-10 (Jesus telling a parable

comparing the kingdom of heaven to a wedding

banquet where all are invited); Luke 14:15-24 (Jesus

telling the parable of the Great Banquet); Revelations,

19:6-8 (describing a great multitude in heaven).

The Bible exalts a radical inclusivity where

believers from every nation, speaking their own

language, can understand the other as though they

were hearing their own native tongue. See, Acts 2:121 (NIV). Biblical teachings are filled with examples

of the spiritual validation that comes when cultural

boundaries are crossed and a community embraces a

new cultural group. See, e.g., Acts 8:26-40 (NIV)

(recounting the story of Philip baptizing an

Ethiopian); Acts 19:1-21 (describing Paul’s travels to

Ephesus and the miracles God performed through

Paul). The New Jerusalem – a holy city gifted to

humanity from God – is described as a city where “[o]n

no day will its gates ever be shut, for there will be no

night there” and [t]he glory and honor of the nations

will be brought into it.” Revelations 25-26 (NIV).

7

The teachings of Jesus specifically instruct

inclusivity and acceptance for his followers.

“And who is my neighbor?” 3

As part of the Great Commandment, Jesus tells

the disciples, “You shall love your neighbor as

yourself.” Mark 12:31 (NIV). One of the Bible’s most

beloved parables is the story of the “Good Samaritan”

– where Jesus responds to the question “And who is

my neighbor?” from an expert in Law who sought to

challenge Jesus as he spread this commandment and

the Gospel in the community. See Luke 10:25-37

(NIV). Jews and Samaritans did not regard each

other as neighbors and Jews held Samaritans in low

esteem. 4 However, the “Good Samaritan” ministered

to a Jewish man who was beaten and left for dead by

robbers at the side of the road and was a “neighbor”

to the man in need. See Luke 10:25-37 (NIV).

Christian and other faith-teachings adopt a broad

view of neighbor-ship and community so as to include

those that may be of different faiths, cultures and

background.

The mission to connect with and understand

people of varying cultures remains a fundamental

tenet of faith to amici and many other faith-based

organizations.

3 Luke 10:29 (NIV).

The Editors of the Encyclopedia Britannica, Samaritan,

BRITANNICA (updated May 4, 2021), May 22, 2022,

https://www.britannica.com/topic/Samaritan. (last visited July

20, 2022).

4

8

II.

Diverse College Campuses Are Necessary

to the Missions of Religious

Denominations and Faith Based

Organizations.

Many prominent faith organizations and

denominations share a mission of achieving and/or

maintaining a diverse and inclusive membership.

Amicus, the General Synod of the United Church of

Christ’s mission statement embraces an inclusive

agenda for the Church: “United in Spirit and inspired

by God’s grace, we welcome all, love all, and seek

justice for all.” 5

American Baptist Churches USA (“American

Baptists”), an organization comprised of 1.3-million

members and over about 5,000 congregations, 6 attests

that:

As a people of prayer, purpose, and

passion, we are in the forefront of

creating a community of faith where

people of every race, nationality and

culture gather as one in worship, service

and work. 7

The United Methodist Church, which “connects

more than 12 million members on four continents,

Mission,

UNITED

CHURCH

OF

CHRIST,

https://www.ucc.org/mission/ (last visited July 22, 2022).

5

10 Facts You Should Know About American Baptists,

https://www.abcAMERICAN BAPTIST CHURCHES USA,

usa.org/10facts/ (last visited July 22, 2022).

6

7 Mission Statement, AMERICAN BAPTISTS, https://www.abc-

usa.org/mission-statement/ (last visited July 22, 2022).

9

and engages in ministry all around the world” 8 has

outlined the following as it principles:

We are called together for worship and

fellowship and for the upbuilding of the

Christian community. We advocate and

work for the unity of the Christian

church. We call all persons into

discipleship under the Lordship of Jesus

Christ.

As servants of Christ we are sent into

the world to engage in the struggle for

justice and reconciliation. We seek to

reveal the love of God for men, women,

and children of all ethnic, racial,

cultural, and national backgrounds and

to demonstrate the healing power of the

gospel with those who suffer. 9

The Evangelical Lutheran Church in America

(“ELCA”) - one of the largest Christian denominations

in the United States, with nearly 3.3 million members

in more than 8,900 worshiping communities in the US

Our

People,

UNITED

METHODIST

CHURCH,

https://www.umc.org/en/who-we-are/our-people (last visited July

22, 2022) (“We speak many languages, come from various

cultures, and span generations. Yet, we are united in our faith

in Jesus Christ.”).

8

Book of Discipline Section 1: The Churches, UNITED

METHODIST

CHURCH,

2016,

available

at,

https://www.umc.org/en/content/book-of-discipline-120-ffsection-1-the-churches.

9

10

and Caribbean, 10 - has identified as one of three

“priority areas” having “A Welcoming Church:

Engaging new, young and diverse people.” 11

With inclusion and diversity as a core value,

the ELCA has attested that:

As Christ’s church, we value the

richness of God’s creation and offer a

radical

welcome

to

all

people,

appreciating our common humanity and

our differences. We are a church that

does not view diversity as a barrier to

unity. We recognize and will challenge

dynamics of power and privilege that

create barriers to participation and

equity in this church and society. . . . 12

The Unitarian Universalist Association and its

1000+ member organizations have a faith tradition that

is diverse and inclusive and affirms that “Guided by our

faith in the worth and dignity of all, we build

community that includes—a faith that welcomes you in

your wholeness.”13

About the ELCA, EVANGELICAL LUTHERAN CHURCH IN

AMERICA (“ELCA”), https://www.elca.org/About (last visited July

22, 2022).

10

Mission & Vision, ELCA, https://www.elca.org/About/

Mission-and-Vision (last visited July 22, 2022).

11

12 Id.

People

of

Many

Backgrounds,

UNITARIAN

UNIVERSALIST ASSOCIATION, https://www.uua.org/beliefs/whowe-are/backgrounds (last visited July 22, 2022).

13

11

As religious denominations and faith-based

organizations seek to sustain and build multicultural

memberships, there is a recognized need for education

and experience to achieve a diverse and inclusive

worship experience. For example, the United States

Conference of Catholic Bishops observed that:

Catholic parishes are moving from

mono-cultural patterns to ones we call

“shared,” that is, to parishes in which

more than one language, racial or

cultural group seek to celebrate the

Eucharist and embody Christian

community. For ministers and pastoral

workers to be effective in this diverse

environment, the right knowledge,

attitudes and skills need to be

developed. 14

Mar Muñoz-Visoso, MTS Executive Director of the

Secretariat of Cultural Diversity in the Church,

Mandate.

As with the Nation generally, the future of

religious organizations and denominations – and more

specifically the expansion of their memberships –

“‘depends upon leaders trained through wide exposure’

to the ideas and mores of students as diverse as this

Nation of many peoples.’” Regents of the Univ. of Cal. v.

Bakke, 438 U.S. 265, 312, 313 (1978) (quoting Keyishian

v. Bd. of Regents of the Univ. of the State of N.Y., 385 U.S.

Mar Muñoz-Visoso, Mandate, UNITED STATES

CONFERENCE

OF

CATHOLIC

BISHOPS

(“USCCB”),

https://www.usccb.org/committees/cultural-diversity-church

(last visited, July 19, 2022).

14

12

589, 603 (1967)). In trying to move toward “Authentic

Diversity,” – demographically matching the ethnic and

racial composition of its community - the Evangelical

Lutheran Church of America (“ELCA”), a predominately

white, middle class church, has recognized as a barrier

that ELCA colleges, universities, and seminaries are

overwhelmingly white communities at “all levels of staff,

faculty, students, and decision-making bodies.”15 The

ELCA recognized that the “inadequacy of theological

education and leadership formation in our church

should be addressed by engaging voices from the

margins” and giving equitable opportunities to students,

faculty and staff of color.16

Also critical to the mission of amici and other

faith groups is outreach to and engagement with the

greater community beyond the walls of the church —

teaching and fostering respect for those of different

faiths, opinions, and beliefs.

Amicus American

Baptist Home Mission Societies (ABHMS) has a 150

year history of ministering to diverse populations and

has recognized the need to “equip leaders with the

ability to engage in multicultural settings” and “to

model an environment for genuine intercultural

How Strategic and Authentic is Our Diversity; A Call

for Confession, Reflection and Healing Action, ELCA,

adopted

Aug.

9,

2019,

5,

available

at

https://download.elca.org/ELCA%20Resource%20Repository/Str

ategy_Toward_Authentic_Diversity.pdf?_ga=2.197349869.3339

05562.1658513717-393549660.1658513717 (last visited July 22,

2022).

15

16 Id., at 5.

13

engagement and relationship building.”17 ABHMS’s

Community Outreach Ministries supports a network

of Christian Centers across the country to help them

address the specific needs of their respective

communities. 18 Similarly the UCC engages locally,

nationally and globally to minister and provide social

services to multicultural communities.19

The importance of faith-based organizations in

our communities was recognized by President Bush’s

creation of the first Office of Faith-Based and

Community Initiatives in 2001.20

This office

continued

in

some

form

under

multiple

administrations and was reestablished by the current

administration as the “White House Office of FaithBased and Neighborhood Partnerships” to further

empower the community outreach and service efforts

of faith based organizations. 21

Intercultural Ministries, AMERICAN BAPTIST HOME

MISSION SOCIETIES (ABHMS), https://abhms.org/ministries/

developing-leaders/intercultural-ministries/ (last visited July

22, 2022).

17

Community

Outreach

Ministries,

ABHMS,

https://abhms.org/ministries/healingcommunities/neighborhood-action/ (last visited July 22, 2022)

18

How We Serve, UNITED

https://www.ucc.org/what-we-do/

19

CHURCH

OF

CHRIST,

20 FACT SHEET: President Biden Reestablishes the White

House Office of Faith-Based and Neighborhood Partnerships,

THE

WHITE

HOUSE

(Feb.

14,

2021),

https://www.whitehouse.gov/briefing-room/statementsreleases/2021/02/14/fact-sheet-president-biden-reestablishesthe-white-house-office-of-faith-based-and-neighborhoodpartnerships/.

21 See id.

14

In the wake of the 2020 killing of George Floyd,

seven U.S. bishop chairmen of committees within the

U.S. Conference of Catholic Bishops issued a

statement that made abundantly clear the need and

importance of an environment where people of diverse

backgrounds can engage and learn from one another.

We join our brother bishops to challenge

everyone to come together, particularly

with those who are from different

cultural backgrounds. In this encounter,

let us all seek greater understanding

amongst God’s people. So many people

who

historically

have

been

disenfranchised continue to experience

sadness and pain, yet they endeavor to

persevere and remain people of great

faith. We encourage our pastors to

encounter and more authentically

accompany them, listen to their stories,

and

learn

from

them,

finding

substantive ways to enact systemic

change. Such encounters will start to

bring about the needed transformation

of our understanding of true life, charity,

and justice in the United States.

Hopefully, then there will be many

voices speaking out and seeking healing

against the evil of racism in our land. 22

22 Statement of U.S. Bishop Chairmen in Wake of Death of

George Floyd and National Protests, UNITED STATES

CONFERENCE OF CATHOLIC BISHOPS, May 29, 2020,

https://www.usccb.org/news/2020/statement-us-bishopchairmen-wake-death-george-floyd-and-national-protests (last

visited July 19, 2022).

15

Outreach and ministry to multicultural

communities requires an educational environment that

provides students, faith leaders and volunteers the

ability to dialogue with a diverse population —to

challenge and be challenged on assumptions about

different cultures and cultural norms; and to grow as a

person and in faith with a greater understanding of

how to serve and fellowship with communities that

may be different from one’s own. For religious

denominations and organizations to properly prepare

their members to minister to and partner with diverse

communities, it is imperative that members be exposed

to diversity in ways that allow students of faith to

explore new points of view and “‘reexamine their most

deeply held assumptions about themselves and their

world.’” Christian Legal Soc’y v. Martinez, 130 S. Ct.

2971, 2999 (2010) (Kennedy, J. concurring) (quoting

Bakke, 438 U.S. at 312, 313, n.48.

III.

As We Bear Witness to Increased

Intolerance, Misinformation and Racial,

Ethnic and Religious Violence, Diversity

in Higher Education is More Important

than Ever Before.

In 2015, 21-year old Dylann Roof opened fire

during the closing prayer of a Bible study at Mother

Emanuel AME Church in Charleston, South Carolina

murdering nine black parishioners of that church in a

racist rampage. 23 In 2018, eleven members of the

Tree of Life Synagogue in Pittsburg were murdered

23 M. Kinard & D. Lavoie, Court Upholds Death Sentence for

Church Shooter Dylann Roof, AP NEWS, Aug. 25, 2021,

https://apnews.com/article/religion-389bcc56019f268cb1056e37

a517bd6c (last visited July 20, 2022).

16

by a man shouting anti-Semitic slurs – a rampage

described as one of the deadliest against the Jewish

community. 24 In 2021, eight people were killed in a

spree of deadly attacks in the Asian American

community in Atlanta. 25 This year, racially-biased

killings seemed to have escalated. 26 More broadly,

data collected by the FBI shows that from 2010 to

2019, the number of hate crime incidents recorded by

law enforcement rose 10% while the total volume of

reported crime including both hate and non-hate

incidents—decreased 22% during the same period. 27

In recent years some of the country’s largest states

have experienced a double digit (or greater) increase

in hate crimes.

See, Crime in Texas, TEXAS

DEPARTMENT OF PUBLIC SAFETY (“TDPS Report”) 2020

C. Robinson et al, 11 Killed in Synagogue Massacre;

Suspect Charged With 29 Counts, NY TIMES, Oct. 27, 2018,

https://www.nytimes.com/2018/10/27/us/active-shooterpittsburgh-synagogue-shooting.html (last visited July 20, 2022)

24

P. Helsel & R. Elbaum, 8 Dead in Atlanta-area Spa

Shootings, Suspect Arrested, NBC NEWS, Mar. 17, 2021,

https://www.nbcnews.com/news/us-news/3-dead-shootinggeorgia-massage-parlor-suspect-loose-n1261262 (last visited

July 20, 2022).

25

26 See, e.g., S. Venkatraman and C. Adams, Black, Asian and

Latino Communities All Faced Mass Shootings in 2 Weeks. How

They're Showing Support, NBC NEWS, May 26, 2022,

https://www.nbcnews.com/news/nbcblk/black-asian-latinocommunities-faced-mass-shootings-2-weeks-showing-surcna30504 (last visited July 20, 2022) (discussing a series of

mass shootings in communities of color within a 2-week span in

2022).

27 E. Smith, Hate Crime Recorded by Law Enforcement, U.S.

DEP’T OF JUSTICE, BUREAU OF JUSTICE STATISTICS, 2010-2019, at

https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/

hcrle1019.pdf (September 2021) (last visited July 20, 2022).

17

(reporting a 35% increase in hate crimes since

2019); 28 TDPS Report 2018 (reporting a 100%

increase in hate crimes since 2017); 29 2021 Hate

Crime in California CALIFORNIA DEPARTMENT OF

JUSTICE (reporting that hate crime offenses increased

42.1% from 2020 to 2021). 30

These forces of hate are amplified and

encouraged by misinformation spread across the

Internet and social media. According to the Council

on Foreign Relations: “As more and more people have

moved online, experts say, individuals inclined

toward racism, misogyny, or homophobia have found

niches that can reinforce their views and goad them

to violence.” 31 For example, prosecutors said the

Charleston church shooter engaged in a “self-learning

process” online that led him to believe that the goal of

Crime in Texas 2020, TEXAS DEPARTMENT OF

PUBLIC SAFETY, https://www.dps.texas.gov/sites/default/files/

documents/crimereports/20/2020cit.pdf (last visited July 20,

2022).

28

2018 Crime In Texas – Executive Summary, TEXAS

DEPARTMENT OF PUBLIC SAFETY https://www.dps.texas.gov/sites/

default/files/documents/crimereports/18/executivesummary.pdf

(last visited July 20, 2022).

29

30 2021 Hate Crime in California, CALIFORNIA DEPARTMENT

OF JUSTICE, Jun. 28, 2022, https://oag.ca.gov/system/files/

attachments/press-docs/Hate%20Crime%20In%20CA%202021

%20FINAL.pdf (last visited July 19, 2022).

Z. Laub, Hate Speech on Social Media: Global

Comparisons, COUNCIL ON FOREIGN RELATIONS, Jun. 7, 2019,

https://www.cfr.org/backgrounder/hate-speech-social-mediaglobal-comparisons (last visited, July 20, 2022).

31

18

white supremacy required violent action.32 Similarly,

the 2018 Pittsburgh Synagogue shooter was a

participant in the social media network Gab, a site

that has become a haven for white extremists. 33

There, prior to the killing, he espoused the conspiracy

that Jews sought to bring immigrants into the United

States, and render whites a minority.34

In these troubling times, faith leaders have

called for a coming together across racial and cultural

backgrounds to achieve a greater understanding and

stand against hate. 35

For example, the Council of Religious Leaders

of Metropolitan Chicago (CRLMC), a faith-based nonprofit representing six million people,36 in response to

the Tree of Life killings expressed their outrage of

“the increasing normalcy of racist violence in a sacred

32 M. Berman, Prosecutors say Dylann Roof ‘self-radicalized’

online, wrote another manifesto in jail, WASH. POST, Aug. 22,

2016,

https://www.washingtonpost.com/news/post-nation/wp/

2016/08/22/prosecutors-say-accused-charleston-churchgunman-self-radicalized-online/

33 K. Roose, On Gab, an Extremist-Friendly Site, Pittsburgh

Shooting Suspect Aired His Hatred in Full, NY TIMES, Oct.

28, 2018, https://www.nytimes.com/2018/10/28/us/gab-robertbowers-pittsburgh-synagogue-shootings.html

34 See id.

See, e.g., ‘United against hate’: UN chief and religious

leaders honour victims of Pittsburgh synagogue shooting, UN

NEWS, Oct, 31, 2018, https://news.un.org/en/story/2018/

10/1024542 (last visited July 20, 2022).

35

About CRLMC, Council of Religious Leaders of

Metropolitan Chicago (“CRLMC”), https://www.crlmc.org/

aboutcrlmc.html (last visited July 22, 2022)

36

19

space.” 37 The CRLMC asked: “Let us honor the dead

by having the courage to live with our differences and

to realize the vision of America’s founders, e pluribus

unum, “out of many, one.” 38

The United Methodist Women also issued a

statement:

At a time of rising vitriol, racism,

hate and violence in the world born of

deep economic crisis and global shifts, it

is time for the church to speak out . . . .

If we do not, God will be appalled. We

feel compelled to raise a prophetic voice

challenging the climate of distrust,

distortion of truth and fear, shifting the

conversation to our common future. 39

In response to the AME Church shooting in

Charleston, Archbishop Joseph E. Kurtz, thenpresident of the U.S. Conference of Catholic Bishops,

issued a statement, saying:

We join our voices with civic and

religious leaders in pledging to work for

healing and reconciliation. Our efforts

Response to the Synagogue Massacre in Pittsburgh,

Pennsylvania, CRLMC, Oct. 29, 2018, https://www.crlmc.org/

response-to-tree-of-life-massacre.html (last visited July 22,

2022).

37

38 Id.

J. Patterson, United Methodists speak out in wake of

NEWS,

Oct.

29,

2018,

synagogue

shooting,

UM

https://www.umnews.org/en/news/united-methodists-speak-outin-wake-of-synagogue-shooting (last visited July 22, 2022).

39

20

must address racism and the violence so

visible today. As the U.S. Catholic

Bishops said in our pastoral letter on

racism, “Racism is not merely one sin

among many; it is a radical evil that

divides the human family and denies the

new creation of a redeemed world. To

struggle against it demands an equally

radical transformation, in our own

minds and hearts as well as in the

structure of our society. 40

The Bishops of the AME Church, whose

congregants were murdered in Charleston, released a

statement on the one year anniversary of the

Charleston church shooting, which expressed:

It should not be that those nine faithful

believers at Mother Emanuel Church

and countless others, black, white,

brown and others, across the country

that have lost their lives, or are

discriminated against, because of racism

are in vain. They cry out for the nation

to act, to confront and destroy racism. . .

. It is imperative that the nation act

against the demonic and evil forces

which would divide the nation even

more, and seek to turn back time. The

commemoration of the tragedy at

40 Archbishop Kurtz Expresses ‘Grief and Deep Sadness’ Over

Charleston Church Shooting, USCCB, June 19, 2015,

https://www.usccb.org/news/2015/archbishop-kurtz-expressesgrief-and-deep-sadness-over-charleston-church-shooting

(last

visited July 22, 2022).

21

Mother Emanuel AME Church provides

an opportunity for both action and

reconciliation for the nation. 41

As faith leaders confronting the ills of racism

and other forms of discrimination, we recognize the

dangers that misinformation and miseducation

presents when people are educated in isolation from

other cultures and worldviews.

A diverse and

inclusive higher education experience is a critical tool

in achieving the call to greater understanding and

combating the hate that this misinformation and

miseducation sows. Education “plays a powerful role

in shaping worldviews, connecting members of a

community who might have never met before, and

imagining the world we want.” 42 “Learning to live

together” is an internationally recognized tenant of

education. 43 Diversity within higher education is an

essential part to building unity and understanding in

our country.

41 Press Release, The Council of Bishops African Methodist

Episcopal Church, Statement from A.M.E. Bishops on Charleston

anniversary,

June

17,

2016,

available

at

https://disciples.org/ecumenical/statement-m-e-bishopscharleston-anniversary/ (last visited July 22, 2022).

42 R. Winthrop, Learning to Live Together: How Education

Can Help Fight Systemic Racism, BROOKINGS INSTITUTE, June

5,

2020,

https://www.brookings.edu/blog/education-plusdevelopment/2020/06/05/learning-to-live-together-howeducation-can-help-fight-systemic-racism/ (last visited July 20,

2022).

43 See J. Delores et al, Learning: The Treasure Within. Report

to UNESCO of the International Commission on Education for

the Twenty-first Century, UNITED NATIONS EDUCATIONAL

SCIENCE, AND CULTURAL ORGANIZATION (1996)

22

CONCLUSION

For these reasons, amici respectfully request

that the Court affirm the decision of the First and

Fourth Circuits and conclude that Harvard College

and the University of North Carolina can

appropriately consider race as one factor among many

in their holistic review of applicants in an effort to

admit and educate a diverse group of students.

Respectfully submitted.

RODNEY SLATER

CORRINE IRISH*

*Counsel of Record

SQUIRE PATTON BOGGS (US) LLP

2550 M Street, NW

Washington, DC 20037

(202) 457-6346

corrine.irish@squirepb.com

KEITH BRADLEY

SQUIRE PATTON BOGGS (US) LLP

717 17th Street, Suite 1825

Denver, CO 80202

CHASE GOLDSTEIN

ANDREW YU-CHIH

SQUIRE PATTON BOGGS (US) LLP

555 South Flower Street,

31st Floor

Los Angeles, CA 90071

August 1, 2022

Counsel for Amici Curiae

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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