Washington v. Seattle School District No. 1
Opinion of the Court
delivered the opinion of the Court.
We are presented here with an extraordinary question: whether an elected local school board may use the Fourteenth Amendment to defend its program of busing for integration from attack by the State.
I
A
Seattle School District No. 1 (District), which is largely coterminous with the city of Seattle, Wash., is charged by state law with administering 112 schools and educating approximately 54,000 public school students. About 37% of these
Despite these efforts, the District in 1977 came under increasing pressure to accelerate its program of desegregation.
The desegregation program, implemented in the 1978-1979 academic year, apparently was effective: the District Court found that the Seattle Plan “has substantially reduced the number of racially imbalanced schools in the district and has substantially reduced the percentage of minority students in those schools which remain racially imbalanced.” 473 F. Supp., at 1007.
B
In late 1977, shortly before the Seattle Plan was formally adopted by the District, a number of Seattle residents who opposed the desegregation strategies being discussed by the School Board formed an organization called the Citizens for
Its proponents placed Initiative 350 on the Washington ballot for the November 1978 general election. During the ensuing campaign, the District Court concluded, the leadership of CiVIC “acted legally and responsibly,” and did not address “its appeals to the racial biases of the voters.” 473 F. Supp., at 1009. At the same time, however, the court’s findings demonstrate that the initiative was directed solely at desegregative busing in general, and at the Seattle Plan in particular. Thus, “[ejxcept for the assignment of students to effect racial balancing, the drafters of Initiative 350 attempted to preserve to school districts the maximum flexibility in the assignment of students,” id,., at 1008, and “[ejxcept for racially-balancing purposes” the initiative “permits local school districts to assign students other than to their nearest or next nearest schools for most, if not all, of the major reasons for which students are at present assigned to schools other than their nearest or next nearest schools.” Id., at 1010.
On November 8, 1978, two months after the Seattle Plan went into effect, Initiative 350 passed by a substantial margin, drawing almost 66% of the vote statewide. The initiative failed to attract majority support in two state legislative
After a 9-day trial, the District Court made extensive and detailed findings of fact. The court determined that “[tjhose Seattle schools which are most crowded are located in those areas of the city where the preponderance of minority families live.” Id., at 1001. Yet the court found that Initiative 350, if implemented, “will prevent the racial balancing of a significant number of Seattle schools and will cause the school system to become more racially imbalanced than it presently is,” “will make it impossible for Tacoma schools to maintain their present racial balance,” and will make “doubtful” the
The District Court then held Initiative 350 unconstitutional for three independent reasons. The court first concluded that the initiative established an impermissible racial classification in violation of Hunter v. Erickson, 393 U. S. 385 (1969), and Lee v. Nyquist, 318 F. Supp. 710 (WDNY 1970) (three-judge court), summarily aff’d, 402 U. S. 935 (1971), “because it permits busing for non-racial reasons but forbids it for racial reasons.” 473 F. Supp., at 1012. The court next held Initiative 350 invalid because “a racially discriminatory purpose was one of the factors which motivated the conception and adoption of the initiative.” Id., at 1013.
On the merits, a divided panel of the United States Court of Appeals for the Ninth Circuit affirmed, relying entirely on the District Court’s first rationale. 633 F. 2d 1338 (1980).
II
The Equal Protection Clause of the Fourteenth Amendment guarantees racial minorities the right to full participation in the political life of the community. It is beyond dispute, of course, that given racial or ethnic groups may not be denied the franchise, or precluded from entering into the political process in a reliable and meaningful manner. See White v. Regester, 412 U. S. 755 (1973); Nixon v. Herndon, 273 U. S. 536 (1927). But the Fourteenth Amendment also reaches “a political structure that treats all individuals as equals,” Mobile v. Bolden, 446 U. S. 55, 84 (1980) (Stevens, J., concurring in judgment), yet more subtly distorts governmental processes in such a way as to place special burdens on the ability of minority groups to achieve beneficial legislation.
This principle received its clearest expression in Hunter v. Erickson, supra, a case that involved attempts to overturn antidiscrimination legislation in Akron, Ohio. The Akron City Council, pursuant to its ordinary legislative processes, had enacted a fair housing ordinance. In response, the local citizenry, using an established referendum procedure, see 393 U. S., at 390, and n. 6; id., at 393-394, and n. (Harlan, J., concurring), amended the city charter to provide that ordinances regulating real estate transactions “ ‘on the basis of race, color, religion, national origin or ancestry must first be approved by a majority of the electors voting on the question at a regular or general election before said ordinance shall be
In striking down the charter amendment, the Hunter Court recognized that, on its face, the provision “draws no distinctions among racial and religious groups.” Id., at 390. But it did differentiate “between those groups who sought the law’s protection against racial. . . discrimination] in the sale and rental of real estate and those who sought to regulate real property transactions in the pursuit of other ends,” ibid., thus “disadvantaging] those who would benefit from laws barring racial. . . discrimination] as against those who would bar other discriminations or who would otherwise regulate the real estate market in their favor.” Id., at 391. In “reality,” the burden imposed by such an arrangement necessarily “falls on the minority. The majority needs no protection against discrimination and if it did, a referendum might be bothersome but no more than that.” Ibid. In effect, then, the charter amendment served as an “explicitly racial classification treating racial housing matters differently from other racial and housing matters.” Id., at 389. This made the amendment constitutionally suspect: “the State may no more disadvantage any particular group by making it more difficult to enact legislation in its behalf than it may dilute any person’s vote or give any group a smaller representation than another of comparable size.” Id., at 393 (emphasis added).
Applying Hunter, the three-judge District Court invalidated the statute, noting that under the provision “[t]he Commissioner [of Education] and local appointed officials are prohibited from acting in [student assignment] matters only where racial criteria are involved.” Id., at 719. In the court’s view, the statute therefore “place[d] burdens on the implementation of educational policies designed to deal with race on the local level” by “treating educational matters involving racial criteria differently from other educational matters and making it more difficult to deal with racial imbalance in the public schools.” Ibid, (emphasis in original). This drew an impermissible distinction “between the treatment of problems involving racial matters and that afforded other problems in the same area.” Id., at 718. This Court affirmed the District Court’s judgment without opinion. 402 U. S. 935 (1971).
These cases yield a simple but central principle. As Justice Harlan noted while concurring in the Court’s opinion in
Ill
We believe that the Court of Appeals properly focused on Hunter and Lee, for we find the principle of those cases dis-positive of the issue here. In our view, Initiative 350 must fall because it does “not attemp[t] to allocate governmental power on the basis of any general principle.” Hunter v. Erickson, 393 U. S., at 395 (Harlan, J., concurring). Instead, it uses the racial nature of an issue to define the governmental decisionmaking structure, and thus imposes substantial and unique burdens on racial minorities.
Noting that Initiative 350 nowhere mentions “race” or “integration,” appellants suggest that the legislation has no racial overtones; they maintain that Hunter is inapposite because the initiative simply permits busing for certain enumerated purposes while neutrally forbidding it for all other reasons. We find it difficult to believe that appellants’ analysis is seriously advanced, however, for despite its facial neutrality there is little doubt that the initiative was effectively drawn for racial purposes. Neither the initiative’s sponsors, nor the District Court, nor the Court of Appeals had any difficulty perceiving the racial nature of the issue settled by Initiative 350. Thus, the District Court found that the text of the initiative was carefully tailored to interfere only with desegregative busing.
Even accepting the view that Initiative 350 was enacted for such a purpose, the United States — which has changed its position during the course of this litigation, and now supports the State — maintains that busing for integration, unlike the
In any event, our cases suggest that desegregation of the public schools, like the Akron open housing ordinance, at bottom inures primarily to the benefit of the minority, and is designed for that purpose. Education has come to be “a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment.” Brown v. Board of Education, 347 U. S. 483, 493 (1954). When that environment is largely shaped by members of different racial and cultural groups, minority children can achieve their full
It is undeniable that busing for integration — particularly when ordered by a federal court — now engenders considerably more controversy than does the sort of fair housing ordinance debated in Hunter. See Estes v. Metropolitan Branches of Dallas NAACP, 444 U. S., at 448-451 (Powell,
B
We are also satisfied that the practical effect of Initiative 350 is to work a reallocation of power of the kind condemned in Hunter. The initiative removes the authority to address a racial problem — and only a racial problem — from the existing decisionmaking body, in such a way as to burden minority interests. Those favoring the elimination of de facto school segregation now must seek relief from the state legislature, or from the statewide electorate. Yet authority over all other student assignment decisions, as well as over most other areas of educational policy, remains vested in the local school board. Indeed, by specifically exempting from Initiative 350’s proscriptions most nonracial reasons for assigning students away from their neighborhood schools, the initiative expressly requires those championing school integration to surmount a considerably higher hurdle than persons seeking comparable legislative action. As in Hunter, then, the community’s political mechanisms are modified to place effective decisionmaking authority over a racial issue at a different level of government.
The state appellants and the United States, in response to this line of analysis, argue that Initiative 350 has not worked any reallocation of power. They note that the State necessarily retains plenary authority over Washington’s system of education, and therefore they suggest that the initiative
This at first glance would seem to be a potent argument, for States traditionally have been accorded the widest latitude in ordering their internal governmental processes, see Holt Civic Club v. Tuscaloosa, 439 U. S. 60, 71 (1978), and school boards, as creatures of the State, obviously must give effect to policies announced by the state legislature. But “insisting that a State may distribute legislative power as it desires . . . furnish[es] no justification for a legislative structure which otherwise would violate the Fourteenth Amendment. Nor does the implementation of this change through popular referendum immunize it.” Hunter v. Erickson, 393 U. S., at 392. The issue here, after all, is not whether Washington has the authority to intervene in the affairs of local school boards; it is, rather, whether the State has exercised that authority in a manner consistent with the Equal Protection Clause. As the Court noted in Hunter: “[TJhough Akron might have proceeded by majority vote . . . on all its municipal legislation, it has instead chosen a more complex system. Having done so, the State may no more disadvantage any particular group by making it more difficult to enact legislation in its behalf than it may dilute any person’s vote.” Id., at 392-393.
At the outset, it is irrelevant that the State might have vested all decisionmaking authority in itself, so long as the political structure it in fact erected imposes comparative burdens on minority interests; that much is settled by Hunter and by Lee.
Thus “each common school district board of directors” is made “accountable for the proper operation of [its] district to the local community and its electorate.” §28A.58.758(1). To this end, each school board is “vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program” (emphasis added). Ibid. School boards are given responsibility for, among many other things, “[e]stablish[ing] performance criteria” for personnel and programs, for assigning staff “according to board enumerated classroom and program needs,” for setting requirements concerning hours of instruction, for establishing curriculum standards “relevant to the particular needs of district students or the unusual characteristics of the district,” and for evaluating teaching materials. §28A.58.758(2). School boards are generally directed to “develop a program identifying student learning objectives for their districts],” §28A.58.090; see also §28A.58.092, to select instructional materials, §28A.58.103, to stock libraries as they deem necessary, §28A.58.104, and to initiate a variety of optional programs. See, e. g., §§28A.34.010, 28A.35.010, 28A.58.105. School boards, of course, are given broad corporate powers. §§28A.58.010, 28A.58.075, 28A.59.180. Significantly for present purposes, school boards are directed to determine which students should be bused to school and to provide those students with transportation. §28A.24.055.
Indeed, the notion of school board responsibility for local educational programs is so firmly rooted that local boards are subject to disclosure and reporting provisions specifically designed to ensure the board’s “accountability” to the people of the community for “the educational programs in the school distric[t].” §28A.58.758(3). And, perhaps most relevant here, before the adoption of Initiative 350 the Washington Supreme Court had found it within the general discretion of
Given this statutory structure, we have little difficulty concluding that Initiative 350 worked a major reordering of the State’s educational decisionmaking process. Before adoption of the initiative, the power to determine what programs would most appropriately fill a school district’s educational needs — including programs involving student assignment and desegregation — was firmly committed to the local board’s
That we reach this conclusion should come as no surprise, for when faced with a similar educational scheme in Milliken
Yet the Court, noting that “[n]o single tradition in public education is more deeply rooted than local control over the operation of schools,” concluded that the “Michigan educational structure ... in common with most States, provides for a large measure of local control.” Id., at 741-742. Relying on this analysis, the Court determined that a Michigan school board’s assignment policies could not be attributed to the State, and therefore declined to permit interdistrict busing as a remedy for one school district’s acts of unconstitu
In any event, we believe that the question here is again settled by Lee. There, state control of the educational system was fully as complete as it now is in Washington. See generally N. Y. Educ. Law §§305, 306, 308-310 (McKinney 1969 and Supp. 1981). The state statute under attack reallocated power over mandatory desegregation in two ways: it transferred authority from the State Commissioner of Education to local elected school boards, and it shifted authority from local appointed school boards to the state legislature.
To be sure, “the simple repeal or modification of desegregation or antidiscrimination laws, without more, never has been viewed as embodying a presumptively invalid racial classification.” Crawford v. Los Angeles Board of Education, post, at 539. See Dayton Board of Education v. Brinkman, 443 U. S. 526, 531, n. 5 (1979); Hunter v. Erickson, 393 U. S., at 390, n. 5. As Justice Harlan noted in Hunter, the voters of the polity may express their displeasure through an established legislative or referendum procedure when particular legislation “arouses passionate opposition.” Id., at 395 (concurring opinion). Had Akron’s fair housing ordinance been defeated at a referendum, for example, “Negroes would undoubtedly [have lost] an important political battle, but they would not thereby [have been] denied equal protection.” Id., at 394.
Initiative 350, however, works something more than the “mere repeal” of a desegregation law by the political entity that created it. It burdens all future attempts to integrate Washington schools in districts throughout the State, by lodging decisionmaking authority over the question at a new and remote level of government. Indeed, the initiative, like the charter amendment at issue in Hunter, has its most pernicious effect on integration programs that do “not arouse extraordinary controversy.” Id., at 396 (emphasis in original). In such situations the initiative makes the enactment of racially beneficial legislation difficult, though the particular program involved might not have inspired opposition had it been promulgated through the usual legislative processes
IV
In the end, appellants are reduced to suggesting that Hunter has been effectively overruled by more recent decisions of this Court. As they read it, Hunter applied a simple “disparate impact” analysis: it invalidated a facially neutral ordinance because of the law’s adverse effects upon racial minorities. Appellants therefore contend that Hunter was swept away, along with the disparate-impact approach to equal protection, in Washington v. Davis, 426 U. S. 229 (1976), and Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U. S. 252 (1977). Cf. James v. Valtierra, 402 U. S. 137 (1971).
Appellants unquestionably are correct when they suggest that “purposeful discrimination is ‘the condition that offends the Constitution,’” Personnel Administrator of Massachusetts v. Feeney, 442 U. S., at 274, quoting Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 16 (1971), for the “central purpose of the Equal Protection Clause ... is the prevention of official conduct discriminating on the basis of race.” Washington v. Davis, 426 U. S., at 239. Thus, when facially neutral legislation is subjected to
There is one immediate and crucial difference between Hunter and the cases cited by appellants. While decisions such as Washington v. Davis and Arlington Heights considered classifications facially unrelated to race, the charter amendment at issue in Hunter dealt in explicitly racial terms with legislation designed to benefit minorities “as minorities,” not legislation intended to benefit some larger group of underprivileged citizens among whom minorities were disproportionately represented. This does not mean, of course, that every attempt to address a racial issue gives rise to an impermissible racial classification. See Crawford v. Los Angeles Board of Education, post, p. 527. But when the political process or the decisionmaking mechanism used to' address racially conscious legislation — and only such legislation — is singled out for peculiar and disadvantageous treatment, the governmental action plainly “rests on ‘distinctions based on race.’”
Hunter recognized the considerations addressed above, and it therefore rested on a principle that has been vital for over a century — that “the core of the Fourteenth Amendment is the prevention of meaningful and unjustified official distinctions based on race.” 393 U. S., at 391. Just such distinctions infected the reallocation of decisionmaking authority considered in Hunter, for minorities are no less powerless with the vote than without it when a racial criterion is used to assign governmental power in such a way as to exclude particular racial groups “from effective participation in the political proces[s].” Mobile v. Bolden, 446 U. S., at 94 (White, J., dissenting). Certainly, a state requirement that “desegregation or antidiscrimination laws,” Crawford v. Los Angeles Board of Education, post, at 539, and only such
V
In reaching this conclusion, we do not undervalue the magnitude of the State’s interest in its system of education. Washington could have reserved to state officials the right to make all decisions in the areas of education and student assignment. It has chosen, however, to use a more elaborate system; having done so, the State is obligated to operate that system within the confines of the Fourteenth Amendment. That, we believe, it has failed to do.
Accordingly, the judgment of the Court of Appeals is
Affirmed.
In 1971, the District implemented a program of mandatory reassignments to integrate certain of its middle schools. This prompted an attempt to recall four School Board members who had voted for the program. That attempt narrowly failed. See 478 F. Supp. 996, 1006 (WD Wash. 1979).
Several community organizations threatened legal action if the District did not initiate a more effective integration effort, while the Mayor of Seattle and a number of community leaders, by letter dated May 20, 1977, urged the District to adopt “a definition of racial isolation and measurable goals leading to the elimination of racial isolation in the Seattle Public Schools prior to a Court ordered and mandated desegregation remedy.” App. 139.
The District Court found that the actions of the School Board were prompted by its members’ “desire to ward off threatened litigation, their desire to prevent the threatened loss of federal funds, their desire to relieve the black students of the disproportionate burden which they had borne in the voluntary efforts to balance the schools racially and their perception that racial balance in the schools promotes the attainment of equal educational opportunity and is beneficial in the preparation of all students for democratic citizenship regardless of their race.” 473 F. Supp., at 1007.
Washington’s Constitution reserves to the people of the State “the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature.” Wash. Const., Art. II, § 1. Such initiatives are placed on the ballot upon the petition of 8% of the State’s voters registered and voting for governor at the last preceding regular gubernatorial election. § 1(a). If passed by the electorate, an initiative may not be repealed by the state legislature for two years, although it may be amended within two years by a vote of two-thirds of each house of the legislature. § 41. See generally Comment, Judicial Review of Laws Enacted by Popular Vote, 55 Wash. L. Rev. 175 (1979).
The text of Initiative 350 is now codified as Wash. Rev. Code §§ 28A.26.-010-28A.26.900 (1981).
At the beginning of the 1978-1979 academic year, approximately 300,000 of the 769,040 students enrolled in Washington’s public schools were bused to school. Ninety-five percent of these students were transported for reasons unrelated to race. 473 F. Supp., at 1002.
Along with Seattle, Tacoma School District No. 10 and Pasco School District No. 1 are the only districts in the State of Washington with comprehensive integration programs, and therefore the three are the only districts affected by Initiative 350. See id., at 1009. Since 1965, Pasco has made use of school closures and a mandatory busing program to overcome the racial isolation caused by segregated housing patterns; if students attended the schools nearest their homes, three of Pasco’s seven elementary schools would have a primarily white and three a primarily minority student body. Id., at 1002-1003. The Tacoma School District has made use of school closures, racially controlled enrollment at magnet schools, and voluntary transfers — though not mandatory busing — to enhance racial balance in its schools. Id., at 1003-1004.
Several of the intervenor plaintiffs also alleged that the District had engaged in de jure segregation, and therefore was operating an unconstitutional dual school system. The District Court therefore bifurcated the litigation, first addressing the constitutionality of Initiative 350. Because of the court’s conclusions on that question, the allegations of de jure segregation did not go to trial and have not been addressed by the District Court or by the Court of Appeals.
The District Court acknowledged that it was impossible to determine whether the supporters of Initiative 350 “subjectively [had] a racially discriminatory intent or purpose,” because “[a]s to that subjective intent the secret ballot raises an impenetrable barrier.” Id., at 1014. The court looked instead to objective factors, noting that it “marked [a] departure from the norm ... for the autonomy of school boards to be restricted relative to the assignment of students,” and that it marked a similar “departure from the procedural norm” for “an administrative decision of a subordinate local unit of government ... [to be] overridden in a statewide initiative.” Id., at 1016. These factors, when coupled with the “racially disproportionate impact of the initiative,” its “historical background,” and “the sequence of events leading to its adoption,” were found to demonstrate that a “racially discriminatory intent or purpose was at least one motivating factor in the adoption of the initiative.” Ibid.
The District Court noted that school boards that had practiced de jure segregation are under an affirmative obligation to eliminate the effects of that practice. Ibid. See Columbus Board of Education v. Penick, 443 U. S. 449, 458-459 (1979).
The Court of Appeals therefore did not address the District Court’s alternative finding that Initiative 350 had been adopted for discriminatory reasons, or its conclusion that the initiative was overbroad. 633 F. 2d, at 1342.
After the decision on the merits, the District Court had declined to award attorney’s fees to the plaintiff School Districts because the Districts are state-funded entities. App. to Juris. Statement C-l. The Court of
As does Initiative 350, the New York statute apparently permitted voluntary student transfers to achieve integration. See n. 16, infra.
The Court of Appeals accepted the District Court’s characterization of the initiative, and even the dissenting judge in the Court of Appeals agreed that Initiative 350 addresses a “racial” problem. 633 F. 2d, at 1353.
Appellants and the United States do not challenge the propriety of race-conscious student assignments for the purpose of achieving integration, even absent a finding of prior de jure segregation. We therefore do not specifically pass on that issue. See generally Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 16 (1971); North Carolina State Board of Education v. Swann, 402 U. S. 43, 45 (1971). Cf. University of California Regents v. Bakke, 438 U. S. 265, 300, n. 39, 312-314 (1978) (opinion of Powell, J.).
The United States seeks to distinguish Lee by suggesting that the statute there at issue “clearly prohibited” all attempts to ameliorate racial imbalance in the schools, while Initiative 350 permits voluntary desegregation efforts. Brief for United States 25. Even assuming that this distinction would otherwise be of constitutional significance, its premise is not accurate. The legislation challenged in Lee did permit voluntary integration efforts, for it expressly exempted from its restrictions “the assignment of a pupil in the manner requested or authorized by his parents or guardian.” 318 F. Supp., at 712. Thus, as the District Court in Lee noted, the statute “deniefd] appointed officials the power to implement non-voluntary programs for the improvement of racial balance.” Id., at 715 (emphasis added). The difficulty in Lee — as in this case — stemmed from the Lee District Court’s conclusion that a voluntary program would not serve to integrate the community’s schools: “Voluntary plans for achieving racial balance . . . have not had a significant impact on the problems of racial segregation in the Buffalo public schools; indeed it would appear that racial isolation is actually increasing.” Ibid. Thus the statute challenged in Lee and Initiative 350 operated in precisely the same way to “deny . . . student[s] the right to attend a fully integrated school.” Brief for United States 25.
Justice Powell finds Hunter completely irrelevant, dismissing it with the conclusory statement that “the political system [of Washington] has not been redrawn or altered.” Post, at 498 (emphasis in original). But the dissent entirely fails to address the relevance of Hunter to the reallocation of decisionmaking authority worked by Initiative 350. The evil condemned by the Hunter Court was not the particular political obstacle of mandatory referenda imposed by the Akron charter amendment; it was,
The United States also would note that Initiative 350’s “modification of state policy [was] not the result of any unusual political procedure,” Brief for United States 30, for initiatives and referenda are often used by the Washington electorate. But that observation hardly serves to distinguish this case from Hunter, since the fair housing charter amendment was added through the unexceptional use of Akron’s initiative procedure. See 393 U. S., at 387.
Despite the force with which it is written, then, Justice Powell’s essay on “the heretofore unquestioned right of a State to structure the decisionmaking authority of its government,” post, at 493 — as well as his observations on a State’s right to repeal programs designed to eliminate defacto segregation — is largely beside the point. The State’s power has not
The Court noted in Hunter that Akron “might have proceeded by majority vote ... on all its municipal legislation,” 393 U. S., at 392; the charter amendment was invalidated because the citizens of Akron did not reserve all power to themselves, but rather distributed it in a nonneutral manner. In Lee, of course, the State had unquestioned authority to vest all power over education in state officials.
Indeed, even the State’s efforts to help ensure equal opportunity-in education and to encourage desegregation are cast in cooperative terms, and are designed to assist school districts in implementing programs of their choosing. See, e. g., Wash. Rev. Code §§28A.21.010(3), 28A.21.136(1) and (3) (1981); cf. §28A.58.245(3).
The Washington Supreme Court noted: “[A]s long as the school board authorized or required students to attend schools geographically situated close to their homes, they had such a right. But the right existed only because it was given to them by the school authorities.” 80 Wash. 2d, at 452, 495 P. 2d, at 662.
We also note that the State has not attempted to reserve to itself exclusive power to deal with racial issues generally. Municipalities in Washington have been given broad powers of self-government, see generally Wash. Const., Amdt. 40; Wash. Rev. Code §§35.22.020, 35.23.440, 35.27.370, 35.30.010 (1981); Wash. Rev. Code, Tit. 35A (Optional Municipal Code), and Washington courts specifically have held that municipalities have the power to enact antidiscrimination ordinances. See, e. g., Seattle Newspaper-Web Pressmen’s Union Local No. 26 v. Seattle, 24 Wash. App. 462, 604 P. 2d 170 (1979). Cf. 5 E. McQuillin, Law of Municipal Corporations § 19.23, p. 425 (3d rev. ed. 1981).
Throughout his dissent, Justice Powell insists that the Court has created a “vested constitutional right to local decisionmaking,” post, at 498-499, that under our holding “the people of the State of Washington apparently are forever barred from developing a different policy on mandatory busing where a school district previously has adopted one of its own,” post, at 498, n. 14, and that today’s decision somehow raises doubts about “the authority of a State to abolish school boards altogether.” Post, at 494. See also post, at 495, and 498-499, n. 14. These statements evidence a basic misunderstanding of our decision. Our analysis vests no rights, and has nothing to do with whether school board action predates that taken by the State. Instead, what we find objectionable about Initiative 850 is the comparative burden it imposes on minority participation in the political process — that is, the racial nature of the way in which it structures the process of decisionmaking. It is evident, then, that the horribles paraded by the dissent, post, at 498-499, n. 14 — which have nothing to do with the ability of minorities to’ participate in the process of self-government — are entirely unrelated to this case. It is equally clear, as we have noted at several points in our opinion, that the State remains free to vest all decisionmaking power in state officials, or to remove authority from local school boards in a race-neutral manner.
One amicus observes that many States employ a similar educational structure. See Brief for National School Boards Assn. as Amicus Curiae 11, 14-16, App. 1a-10a.
When authority to initiate desegregation programs was removed from appointed school boards and from state education officials, the only body capable of exercising power over such programs was the state legislature.
The United States makes only one attempt to distinguish Lee in this regard: Lee is inapposite, the United States maintains, because the statute at issue there “blocked desegregation efforts even by ‘a school district subject to a pre-existing order to eliminate segregation'in its schools,’” and therefore — purportedly in contrast to Initiative 350 — “interfered] with the efforts of individual school districts to eliminate de jure segregation.” Brief for United States 25, quoting Lee v. Nyquist, 318 F. Supp., at 715. If by this statement the United States seeks to place the District Court’s holding and this Court’s affirmance in Lee on the ground that the New York statute interfered with Buffalo’s attempts to eliminate de jure segregation, its submission is simply inaccurate. At the time of the Lee litigation, Buffalo had not been found guilty of practicing intentional segregation. See Arthur v. Nyquist, 573 F. 2d 134, 137 (CA2 1978). As the
That phenomenon is graphically demonstrated by the circumstances of this litigation. The longstanding desegregation programs in Pasco and Tacoma, as well as the Seattle middle school integration plan, have functioned for years without creating undue controversy. Yet they have been swept away, along with the Seattle Plan, by Initiative 350. As a practical matter, it seems most unlikely that proponents of desegregative busing in smaller communities such as Tacoma or Pasco will be able to obtain the statewide support now needed to permit them to desegregate the schools in their communities.
The State does not suggest that Initiative 350 furthers the kind of compelling interest necessary to overcome the strict scrutiny applied to explicit racial classifications.
Thus we do not hold, as the dissent implies, post, at 494, that the State’s attempt to repeal a desegregation program creates a racial classification, while “identical action” by the Seattle School Board does not. It is
We also note that singling out the political processes affecting racial issues for uniquely disadvantageous treatment inevitably raises dangers of impermissible motivation. When political institutions are more generally restructured, as Justice Brennan has noted in another context, “[t]he very breadth of [the] scheme . . . negates any suggestion” of improper purpose. Walz v. Tax Comm’n, 397 U. S. 664, 689 (1970) (concurring opinion).
Appellants also challenge the Court of Appeals’ award of attorney’s fees to the School District plaintiffs, see n. 12, supra, arguing that state-funded entities are not eligible to receive such awards from the State. In our view, this contention is without merit. The Districts are plainly parties covered by the language of the fees statutes. See 42 U. S. C. § 1988 (1976 ed., Supp. IV) (“In any action ... to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title . . . the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of its costs”) (emphasis added); 20 U. S. C. § 3205 (1976 ed., Supp. IV) (“Upon the entry of a final order by a court of the United States against a . . . State ... for failure to comply with . . . the fourteenth amendment to the Constitution of the United States as [it] pertain[s] to elementary and secondary education, the court, in its discretion . . . may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of its costs”) (emphasis added). Nothing in the history of the statutes suggests that this language was meant to exclude
Dissenting Opinion
dissenting.
The people of the State of Washington, by a two-to-one vote, have adopted a neighborhood school policy. The policy is binding on local school districts but in no way affects the authority of state or federal courts to order school transportation to remedy violations of the Fourteenth Amendment. Nor does the policy affect the power of local school districts to establish voluntary transfer programs for racial integration or for any other purpose.
In the absence of a constitutional violation, no decision of this Court compels a school district to adopt or maintain a mandatory busing program for racial integration.
I dissent from the Court’s unprecedented intrusion into the structure of a state government. The School Districts in this case were under no federal constitutional obligation to adopt mandatory busing programs. The State of Washington, the governmental body ultimately responsible for the provision of public education, has determined that certain mandatory busing programs are detrimental to the education of its children. “[T]he Fourteenth Amendment leaves the States free to distribute the powers of government as they will between their legislative and judicial branches.” Hughes v. Superior Court, 339 U. S. 460, 467 (1950). In my view, that Amendment leaves the States equally free to decide matters of concern to the State at the state, rather than local, level of government.
I
At the November 1978 general election, the voters of the State adopted Initiative 350 by a two-to-one majority.
The Initiative includes two significant limitations upon the scope of its neighborhood school policy. It expressly provides that nothing in the Initiative shall “preclude the establishment of schools offering specialized or enriched educational programs which students may voluntarily choose to attend, or of any other voluntary option offered to students.” §28A.26.050. Moreover, and critical to this case, the authority of state and federal courts to order mandatory school assignments to remedy constitutional violations is left untouched by the Initiative: “This chapter shall not prevent any court of competent jurisdiction from adjudicating constitutional issues relating to the public schools.” §28A.26.060.
This suit was filed in United States District Court shortly after the Initiative was enacted. The Seattle School District, joined by the Tacoma and Pasco School Districts
II
The principles that should guide us in reviewing the constitutionality of Initiative 350 are well established. To begin with, we have never held, or even intimated, that absent a federal constitutional violation, a State must choose to treat persons differently on the basis of race. In the absence of a federal constitutional violation requiring race-specific remedies, a policy of strict racial neutrality by a State would violate no federal constitutional principle. Cf. University of California Regents v. Bakke, 438 U. S. 265 (1978).
In particular, a neighborhood school policy and a decision not to assign students on the basis of their race, does not offend the Fourteenth Amendment.
Moreover, it is a well-established principle that the States have “extraordinarily wide latitude ... in creating various types of political subdivisions and conferring authority upon them.” Holt Civic Club v. Tuscaloosa, 439 U. S. 60, 71 (1978).
Thus, a State may choose to run its schools from the state legislature or through local school boards just as it may choose to address the matter of race relations at the state or local level. There is no constitutional requirement that the State establish or maintain local institutions of government or that it delegate particular powers to these bodies. The only relevant constitutional limitation on a State’s freedom to order its political institutions is that it may not do so in a fashion designed to “plac[e] special burdens on racial minorities within the governmental process.” Hunter v. Erickson, 393 U. S., at 391 (emphasis added).
In sum, in the absence of a prior constitutional violation, the States are under no constitutional duty to adopt integration programs in their schools, and certainly they are under no duty to establish a regime of mandatory busing. Nor does the Federal Constitution require that particular decisions concerning the schools or any other matter be made on the local as opposed to the state level. It does not require the States to establish local governmental bodies or to delegate unreviewable authority to them.
Ill
Application of these settled principles demonstrates the serious error of today’s decision — an error that cuts deeply into the heretofore unquestioned right of a State to structure the decisionmaking authority of its government. In this case, by
The issue here arises only because the Seattle School District — in the absence of a then-established state policy— chose to adopt race-specific school assignments with extensive busing. It is not questioned that the District itself, at any time thereafter, could have changed its mind and canceled its integration program without violating the Federal Constitution. Yet this Court holds that neither the legislature nor the people of the State of Washington could alter what the District had decided.
The Court argues that the people of Washington by Initiative 350 created a racial classification, and yet must agree that identical action by the Seattle School District itself would have created no such classification. This is not an easy argument to answer because it seems to make no sense. School boards are the creation of supreme state authority, whether in a State Constitution or by legislative enactment. Until today’s decision no one would have questioned the authority of a State to abolish school boards altogether, or to require that they conform to any lawful state policy. And in the State of Washington, a neighborhood school policy would have been lawful.
Under today’s decision this heretofore undoubted supreme authority of a State’s electorate is to be curtailed whenever a school board — or indeed any other state board or local instrumentality — adopts a race-specific program that arguably benefits racial minorities. Once such a program is adopted,
This is certainly not a case where a State — in moving to change a locally adopted policy — has established a racially discriminatory requirement. Initiative 350 does not impede enforcement of the Fourteenth Amendment. If a Washington school district should be found to have established a segregated school system, Initiative 350 will place no barrier in the way of a remedial busing order. Nor does Initiative 350 authorize or approve segregation in any form or degree. It is neutral on its face, and racially neutral as public policy. Children of all races benefit from neighborhood schooling, just as children of all races benefit from exposure to “ ‘ethnic and racial diversity in the classroom.’” Ante, at 472, quoting Columbus Board of Education v. Penick, 443 U. S. 449, 486 (1979) (Powell, J., dissenting).
Finally, Initiative 350 places no “special burdens on racial minorities within the governmental process,” Hunter v.
The political process in Washington, as in other States, permits persons who are dissatisfied at a local level to appeal to the state legislature or the people of the State for redress. It permits the people of a State to pre-empt local policies, and to formulate new programs and regulations. Such a process is inherent in the continued sovereignty of the States. This is our system. Any time a State chooses to address a major issue some persons or groups may be disadvantaged. In a democratic system there are winners and losers. But there is no inherent unfairness in this and certainly no constitutional violation.
IV
Nonetheless, the Court holds that Initiative 350 “imposes substantial and unique burdens on racial minorities” in the governmental process. See ante, at 470. Its authority for
Nothing in Hunter supports the Court’s extraordinary invasion into the State’s distribution of authority. Even could it be assumed that Initiative 350 imposed a burden on racial minorities,
Hunter, therefore, is simply irrelevant. It is the Court that by its decision today disrupts the normal course of State government.
We are not asked to decide the wisdom of a state policy that limits the ability of local school districts to adopt — on their own volition — mandatory reassignments for racial balance. We must decide only whether the Federal Constitution permits the State to adopt such a policy. The School Districts in this case were under no federal constitutional obligation to adopt mandatory busing. Absent such an obligation, the State — exercising its sovereign authority over all subordinate agencies — should be free to reject this debatable restriction on liberty. But today’s decision denies this right to a State. In this case, it deprives the State of Washington of all opportunity to address the unresolved questions resulting from extensive mandatory busing.
Throughout this dissent, I use the term “mandatory busing” to refer to busing — or mandatory student reassignments — for the purpose of achieving racial integration.
The Initiative passed by almost 66% of the statewide vote. In Seattle the Initiative passed by over 61% of the vote. It failed in only two of Seattle’s legislative districts — one predominantly black and one predominantly white.
Unlike the constitutional amendment at issue in Crawford v. Los Angeles Board of Education, post, p. 527, Initiative 350 places no limits on the state courts in their interpretation of the State Constitution. Thus, if mandatory school assignments were required by the State Constitution— although not by the Fourteenth Amendment of the Federal Constitution— Initiative 350 would not hinder a State from enforcing its Constitution.
Tacoma School District No. 10 and Pasco School District No. 1 are the only other school districts in Washington with extensive integration programs. Pasco has relied upon school closings and mandatory busing to achieve racial integration in its schools. Only minority children are bused under the Pasco plan. 473 F. Supp. 996, 1002 (WD Wash. 1979). In addition to school closings, the Tacoma integration plan relies upon voluntary techniques — magnet schools and voluntary transfers.
Judge Wright dissented. In his view Initiative 350 could not be said to embody a racial classification. The Initiative does not classify individuals on the basis of their race. It simply deals with a matter bearing on race relations. Moreover, no racial classification is created because the citizens of a State favor mandatory school reassignments for some purposes but not for reasons of race. The benefits and problems associated with busing for one reason — e. g., for racial integration — are not the same as for another— e.g., to avoid safety hazards. Finally, Judge Wright could not understand how the exercise of authority by the State could create a racial classification. The State had not intervened by altering the legislative process in a way that burdened racial minorities. Charged by the State Constitution with the responsibility for the provision of public education, the State had simply exercised its authority to run its own school system.
Judge Wright also addressed the District Court’s alternative holdings that Initiative 350 is overbroad or that it was motivated by discriminatory intent. He found no basis for either conclusion. These alternative holdings were not addressed by the Court of Appeals majority. Nor are they relied upon by the Court today. Accordingly, they are not discussed in this dissent.
See Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 28 (1971) (“Absent a constitutional violation there would be no basis for
Indeed, in the absence of a finding of segregation by the School District, mandatory busing on the basis of race raises constitutional difficulties of its own. Extensive pupil transportation may threaten liberty or privacy interests. See University of California Regents v. Bakke, 438 U. S. 265, 300, n. 39 (1978) (opinion of Powell, J.); Keyes v. School District No. 1, Denver, Colo., 413 U. S. 189, 240-250 (1973) (Powell, J., concurring in part and dissenting in part). Moreover, when a State or school board assigns students on the basis of their race, it acts on the basis of a racial classification, and we have consistently held that “[a] racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only upon an extraordinary justification.” Personnel Administrator of Massachusetts v. Feeney, 442 U. S. 256, 272 (1979).
“[Ajccording to the institutions of this country, the sovereignty in every State resides in the people of the State, and . . . they may alter and change their form of government at their own pleasure.” Luther v. Borden, 7 How. 1, 47 (1849). See Community Communications Co. v.
The Court consistently has held that “the Equal Protection Clause is not violated by the mere repeal of race-related legislation or policies that were not required by the Federal Constitution in the first place.” Crawford v. Los Angeles Board of Education, post, at 538.
The policies in support of neighborhood schooling are various but all of them are racially neutral. The people of the State legitimately could decide that unlimited mandatory busing places too great a burden on the liberty and privacy interests of families and students of all races. It might decide that the reassignment of students to distant schools, on the basis of race, was too great a departure from the ideal of racial neutrality in state action. And, in light of the experience with mandatory busing in other cities, the State might conclude that such a program ultimately would lead to greater racial imbalance in the schools. See Estes v. Metropolitan Branches of Dallas NAACP, 444 U. S. 437, 451 (1980) (Powell, J., dissenting).
Cf. James v. Valtierra, 402 U. S. 137, 142 (1971) (“[0]f course a lawmaking procedure that ‘disadvantages’ a particular group does not always deny equal protection. Under any such holding, presumably a State would not be able to require referendums on any subject unless referendums were required on all, because they would always disadvantage some group. And this Court would be required to analyze governmental structures to determine whether a gubernatorial veto provision or a filibuster rule is likely to ‘disadvantage’ any of the diverse and shifting groups that make up the American people”).
The Court also relies at certain critical points in its discussion on the summary affirmance in Lee v. Nyquist, 318 F. Supp. 710 (WDNY 1970), summarily aff’d, 402 U. S. 935 (1971). As we have often noted, however, summary affirmances by this Court are of little precedential force. See Metromedia, Inc. v. San Diego, 453 U. S. 490, 500 (1981). A summary affirmance “is not to be read as an adoption of the reasoning supporting the judgment under review.” Zobel v. Williams, 457 U. S. 55, 64, n. 13 (1982).
It is far from clear that in the absénce of a constitutional violation, mandatory busing necessarily benefits racial minorities or that it is even viewed with favor by racial minorities. See Crawford v. Los Angeles Board of Education, post, at 545, n. 32. As the Court indicates, the busing question is complex and is best resolved by the political process. Ante, at 474.
Moreover, it is significant that Initiative 350 places no limits on voluntary programs or on court-ordered reassignments. It permits school districts to order school closings for purposes of racial balance. § 28A.26.030. And it permits school districts to order a student to attend the “next nearest” — rather than nearest — school to promote racial integration.
The Court repeatedly states that the effect of Initiative 350 is “to redraw decisionmaking authority over racial matters — and only over racial matters — in such a way as to place comparative burdens on minorities.” Ante, at 475, n. 17 (emphasis added). But the decision by the State to exercise its authority over the schools and over racial matters in the schools does not place a comparative burden on racial minorities. In Hunter, as we have understood it, “fair housing legislation alone was subject to an automatic referendum requirement.” Gordon v. Lance, 403 U. S. 1, 5 (1971) (emphasis added). By contrast, Initiative 350 merely places mandatory busing among the much larger group of matters — covering race relations, administration of the schools, and a variety of other matters — addressed at the state level. See n. 15, infra. Racial minorities, if indeed they are burdened by Initiative 350, are not comparatively burdened. In this respect, they are in the same position as any other group of persons who are disadvantaged by regulations drawn at the State level.
The Court’s decision intrudes deeply into normal state decision-making. Under its holding the people of the State of Washington apparently are forever barred from developing a different policy on mandatory busing where a school district previously has adopted one of its own. This principle would not seem limited to the question of mandatory busing. Thus, if the admissions committee of a state law school developed an affirmative-action plan that came under fire, the Court apparently would find it unconstitutional for any higher authority to intervene unless that authority traditionally dictated admissions policies. As a constitutional matter, the dean of the law school, the faculty of the university as a whole, the university president, the chancellor of the university system, and the board of
After today’s decision it is unclear whether the State may set policy in any area of race relations where a local governmental body arguably has done “more” than the Fourteenth Amendment requires. If local employment or benefits are distributed on a racial basis to the benefit of racial minorities, the State apparently may not thereafter ever intervene. Indeed, under the Court’s theory one must wonder whether — under the equal protection component of the Fifth Amendment — even the Federal Government could assert its superior authority to regulate in these areas.
Even accepting the dubious notion that a State must demonstrate some past control over public schooling or race relations before now intervening in these matters, ante, at 477, the Court’s attempt to demonstrate that Initiative 350 represents a unique thrust by the State into these areas is unpersuasive. The Court’s own discussion indicates the comprehensive character of the State’s activity. The Common School Provisions of the State’s Code of Laws are nearly 200 pages long, governing a broad variety of school matters. The State has taken seriously its constitutional obligation to provide public education. See Wash. Const., Art. IX, §2; Seattle School District No. 1 v. State, 90 Wash. 2d 476, 518, 585 P. 2d 71, 95 (1978). In light of the wide range of regulation of the public schools by the State, it is wholly unclear what degree of prior concern or control by the State would satisfy the Court’s new doctrine.
In addition to public school affairs generally, the State has taken a direct interest in ending racial discrimination in the schools and elsewhere. See Wash. Rev. Code §49.60.010 et seq. (1981). Article IX, § 1, of the State Constitution specifically prohibits discrimination in public schools: “It is the paramount duty of the state to make ample provision for the education of all children residing within its borders without distinction or preference on account of race, color, caste, or sex.” The State Supreme Court has not interpreted this section of the State Constitution to prohibit race-conscious school assignments in the absence of a violation of the Fourteenth Amendment. Cf. Citizens Against Mandatory Bussing v. Palmason, 80 Wash. 2d 445, 495 P. 2d 657 (1972). But until today’s decision one would have
Responding to this dissent, the Court denies that its opinion limits the authority of the people of the State of Washington and the legislature to control or regulate school boards. It further states that “the State remains free to vest all decisionmaking power in state officials, or to remove authority from local school boards in a race-neutral manner.” Ante, at 480, n. 23. These are puzzling statements that seem entirely at odds with much of the text of the Court’s opinion. It will be surprising if officials of the State of Washington — with the one exception mentioned below — will have any clear idea as to what the State now lawfully may do.
The Court does say that “[i]t is the State’s race-conscious restructuring of its decisionmaking process that is impermissible, not the simple repeal of the Seattle Plan. ” Ante, at 485-486, n. 29. Apparently the Court is saying that, despite what else may be said in its opinion, the people of the State— or the state legislature — may repeal the Seattle Plan, even though neither the people nor the legislature validly may prescribe statewide standards. I perceive no logic in — and certainly no constitutional basis for — a distinction between repealing the Seattle Plan of mandatory busing and establishing a statewide policy to the same effect. The people of a State have far greater interest in the general problems associated with compelled busing for the purpose of integration than in the plan of a single school board.
As a former school board member for many years, I accept the privilege of a dissenting Justice to add a personal note. In my view, the local school board — responsible to the people of the district it serves — is the best qualified agency of a state government to make decisions affecting education within its district. As a policy matter, I would not favor reversal of the Seattle Board’s decision to experiment with a reasonable mandatory busing program, despite my own doubts as to the educational or social merit of such a program. See Estes v. Metropolitan Branches of Dallas NAACP, 444 U. S., at 438-448 (Powell, J., dissenting). But this case does not present a question of educational policy or even the merits of busing for racial integration. The question is one of a State’s sovereign authority to structure and regulate its own subordinate bodies...
Reference
- Full Case Name
- WASHINGTON Et Al. v. SEATTLE SCHOOL DISTRICT NO. 1 Et Al.
- Cited By
- 300 cases
- Status
- Published