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.