Crawford v. Board of Ed. of Los Angeles
Opinion of the Court
delivered the opinion of the Court.
An amendment to the California Constitution provides that state courts shall not order mandatory pupil assignment or transportation unless a federal court would do so to remedy a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The question for our decision is whether this provision is itself in violation of the Fourteenth Amendment.
HH
This litigation began almost 20 years ago in 1963, when minority students attending school in the Los Angeles Unified School District (District) filed a class action in state court
On the District’s appeal, the California Supreme Court affirmed, but on a different basis. Crawford v. Board of Education, 17 Cal. 3d 280, 551 P. 2d 28 (1976). While the trial court had found de jure segregation in violation of the Fourteenth Amendment of the United States Constitution, see App. 117, 120-121, the California Supreme Court based its affirmance solely upon the Equal Protection Clause of the State Constitution.
On remand, the trial court rejected the District’s mostly voluntary desegregation plan but ultimately approved a second plan that included substantial mandatory school reassignment and transportation — “busing”—on a racial and ethnic basis.
In November 1979 the voters of the State of California ratified Proposition I, an amendment to the Due Process and
“[N]o court of this state may impose upon the State of California or any public entity, board, or official any obligation or responsibility with respect to the use of pupil school assignment or pupil transportation, (1) except to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution, and (2) unless a federal court would be permitted under federal decisional law to impose that obligation or responsibility upon such party to remedy the specific violation of the Equal Protection Clause . . . ”6
The California Court of Appeal reversed. 113 Cal. App. 3d 633, 170 Cal. Rptr. 495 (1981). The court found that the trial court’s 1970 findings of fact would not support the conclusion that the District had violated the Federal Constitution through intentional segregation.
Determining Proposition I to be applicable and constitutional, the Court of Appeal vacated the orders entered by the Superior Court. The California Supreme Court denied hearing. App. to Pet. for Cert. 73a.
We agree with the California Court of Appeal m rejecting the contention that once a State chooses to do “more” than the Fourteenth Amendment requires, it may never recede.
Proposition I does not inhibit enforcement of any federal law or constitutional requirement. Quite the contrary, by its plain language the Proposition seeks only to embrace the requirements of the Federal Constitution with respect to mandatory school assignments and transportation. It would be paradoxical to conclude that by adopting the Equal Protection Clause of the Fourteenth Amendment, the voters of the State thereby had violated it. Moreover, even after Proposition I, the California Constitution still imposes a greater duty of desegregation than does the Federal Constitution. The state courts of California continue to have an obligation under state law to order segregated school districts to use voluntary desegregation techniques, whether or not there has been a finding of intentional segregation. The school districts themselves retain a state-law obligation to
Nonetheless, petitioners contend that Proposition I is unconstitutional on its face. They argue that Proposition I employs an “explicit racial classification” and imposes a “race-specific” burden on minorities seeking to vindicate state-created rights. By limiting the power of state courts to enforce the state-created right to desegregated schools, petitioners contend, Proposition I creates a “dual court system” that discriminates on the basis of race.
We would agree that if Proposition I employed a racial classification it would be unconstitutional unless necessary to further a compelling state interest. “A racial classification, regardless of purported motivation, is presumptively invalid
Similarly, the Court has recognized that a distinction may exist between state action that discriminates on the basis of race and state action that addresses, in neutral fashion, race-related matters.
Were we to hold that the mere repeal of race-related legislation is unconstitutional, we would limit seriously the authority of States to deal with the problems of our heterogeneous population. States would be committed irrevocably to legislation that has proved unsuccessful or even harmful in practice. And certainly the purposes of the Fourteenth Amendment would not be advanced by an interpretation that discouraged the States from providing greater protection to racial minorities.
III
Petitioners seek to avoid the force of the foregoing considerations by arguing that Proposition I is not a “mere repeal.” Relying primarily on the decision in Hunter v. Erickson, supra, they contend that Proposition I does not simply repeal a state-created right but fundamentally alters the judicial system so that “those seeking redress from racial isolation in violation of state law must be satisfied -with less than full relief from a state court.”
In Hunter the Akron city charter had been amended by the voters to provide that no ordinance regulating real estate on the basis of race, color, religion, or national origin could take effect until approved by a referendum. As a result of the charter amendment, a fair housing ordinance, adopted by the City Council at an earlier date, was no longer effective. In holding the charter amendment invalid under the Fourteenth Amendment, the Court held that the charter amendment was not a simple repeal of the fair housing ordinance. The
Hunter involved more than a “mere repeal” of the fair housing ordinance; persons seeking antidiscrimination housing laws — presumptively racial minorities — were “singled out for mandatory referendums while no other group . . . face[d] that obstacle.” James v. Valtierra, 402 U. S. 137, 142 (1971). By contrast, even on the assumption that racial minorities benefited from the busing required by state law, Proposition I is less than a “repeal” of the California Equal Protection Clause. As noted above, after Proposition I, the State Constitution still places upon school boards a greater duty to desegregate than does the Fourteenth Amendment.
Nor can it be said that Proposition I distorts the political process for racial reasons or that it allocates governmental or judicial power on the basis of a discriminatory principle. “The Constitution does not require things which are different in fact or opinion to be treated in law as though they were the
In short, having gone beyond the requirements of the Federal Constitution, the State was free to return in part to the standard prevailing generally throughout the United States. It could have conformed its law to the Federal Constitution in every respect. That it chose to pull back only in part, and by preserving a greater right to desegregation than exists under the Federal Constitution, most assuredly does not render the Proposition unconstitutional on its face.
The California Court of Appeal also rejected petitioners claim that Proposition I, if facially valid, was nonetheless unconstitutional because enacted with a discriminatory purpose. The court reasoned that the purposes of the Proposition were well stated in the Proposition itself.
In Reitman v. Mulkey, 387 U. S. 369 (1967), the Court considered the constitutionality of another California Proposition. In that case, the California Supreme Court had concluded that the Proposition was unconstitutional because it gave the State’s approval to private racial discrimination. This Court agreed, deferring to the findings made by the California court. The Court noted that the California court was “armed . . . with the knowledge of the facts and circumstances concerning the passage and potential impact” of the Proposition and “familiar with the milieu in which that provision would operate.” Id., at 378. Similarly, in this case,
Under decisions of this Court, a law neutral on its face still may be unconstitutional if motivated by a discriminatory purpose. In determining whether such a purpose was the motivating factor, the racially disproportionate effect of official action provides “an ‘important starting point.’” Personnel Administrator of Massachusetts v. Feeney, 442 U. S., at 274, quoting Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U. S. 252, 266 (1977).
Proposition I in no way purports to limit the power of state courts to remedy the effects of intentional segregation with its accompanying stigma. The benefits of neighborhood schooling are racially neutral. This manifestly is true in Los Angeles where over 75% of the public school body is composed of groups viewed as racial minorities. See nn. 1 and 16, supra. Moreover, the Proposition simply removes one ■means of achieving the state-created right to desegregated education. School districts retain the obligation to alleviate segregation regardless of cause. And the state courts still may order desegregation measures other than pupil school assignment or pupil transportation.
Accordingly the judgment of the California Court of Appeal is
Affirmed.
In 1980 the District included 562 schools with 650,000 students in an area of 711 square miles. In 1968 when the case went to trial, the District was 53.6% white, 22.6% black, 20% Hispanic, and 3.8% Asian and other. By October 1980 the demographic composition had altered radically: 23.7% white, 23.3% black, 45.3% Hispanic, and 7.7% Asian and other. See 113 Cal. App. 3d 633, 642, 170 Cal. Rptr. 495, 501 (1981).
“The findings in this case adequately support the trial court’s conclusion that the segregation in the defendant school district is de jure in nature. We shall explain, however, that we do not rest our decision on this characterization because we continue to adhere to our conclusion in [Jackson v. Pasadena City School Dist., 59 Cal. 2d 876, 382 P. 2d 878 (1963)] that school boards in California bear a constitutional obligation to take reasonably feasible steps to alleviate school segregation 'regardless of its cause.’ ” Crawford v. Board of Education, 17 Cal. 3d, at 285, 551 P. 2d, at 30. The court explained that federal cases were not controlling:
“In focusing primarily on. . . federal decisions . . . defendant ignores a significant line of California decisions, decisions which authoritatively establish that in this state school boards do bear a constitutional obligation to take reasonable steps to alleviate segregation in the public schools, whether the segregation be de facto or de jure in origin.” Id., at 290, 551 P. 2d, at 33-34.
In stating general principles to guide the trial court on remand, the State Supreme Court discussed the “busing” question: “While critics have sometimes attempted to obscure the issue, court decisions time and time again emphasized that ‘busing’ is not a constitutional end in itself but is simply one potential tool which may be utilized to satisfy a school district’s constitutional obligation in this field. . . . [I]n some circumstances busing will be an appropriate and useful element in a desegregation plan, while in other instances its ‘costs,’ both in financial and educational terms, will render its use inadvisable.” Id., at 309, 551 P. 2d, at 47. It noted as well that a state court should not intervene to speed the desegregation process so long as the school board takes “reasonably feasible steps to alleviate school segregation,” id., at 305, 551 P. 2d, at 45, and that “a court cannot properly issue a ‘busing’ order so long as a school district continues to meet its constitutional obligations.” Id., at 310, 551 P. 2d, at 48.
The plan provided for the mandatory reassignment of approximately 40,000 students in the fourth through eighth grades. Some of these children were bused over long distances requiring daily round-trip bus rides of as long as two to four hours. In addition, the plan provided for the voluntary transfer of some 30,000 students.
Respondent Bustop, Inc., unsuccessfully sought to stay implementation of the plan. See Bustop, Inc. v. Board of Education, 439 U. S. 1380 (1978) (Rehnquist, J., in chambers); Bustop, Inc. v. Board of Education, 439 U. S. 1384 (1978) (Powell, J., in chambers).
Proposition I was placed before the voters following a two-thirds vote of each house of the state legislature. Cal. Const., Art. 18, § 1. The State Senate approved the Proposition by a vote of 28 to 6, the State Assembly by a vote of 62 to 17. The voters favored the Proposition by a vote of 2,433,312 (68.6%) to 1,112,923 (31.4%). The Proposition received a majority of the vote in each of the State’s 58 counties and in 79 of the State’s 80 assembly districts. California Secretary of State, Statement of the Vote, November 6, 1979, Election 3-4, 43-49.
Proposition I added a lengthy proviso to Art. 1, § 7(a), of the California Constitution. Following passage of Proposition I, § 7 now provides, in relevant part:
“(a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any public entity, board, or official any obligations or responsibilities which exceed those imposed by the Equal Protection Clause of the 14th Amendment to the United States Constitution with respect to the use of pupil school assignment or pupil transportation. In enforcing this subdivision or any other provision of this Constitution, no court of this state may impose upon the State of California or any public entity, board, or official any obligation or responsibility with respect to the use of pupil school assignment or pupil transportation, (1) except to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States
“Nothing herein shall prohibit the governing board of a school district from voluntarily continuing or commencing a school integration plan after the effective date of this subdivision as amended.
“In amending this subdivision, the Legislature and people of the State of California find and declare that this amendment is necessary to serve compelling public interests, including those of making the most effective use of the limited financial resources now and prospectively available to support public education, maximizing the educational opportunities and protecting the health and safety of all public school pupils, enhancing the ability of parents to participate in the educational process, preserving harmony and tranquility in this state and its public schools, preventing the waste of scarce fuel resources, and protecting the environment.”
The Superior Court ordered the immediate implementation of the revised plan. The District was unsuccessful in its effort to gain a stay of the plan pending appeal. See Board of Education v. Superior Court, 448 U. S. 1343 (1980) (Rehnquist, J., in chambers).
“When the 1970 findings of the trial court are reviewed in the light of the correct applicable federal law, it is apparent that no specific segregative intent with discriminatory purpose was found. The thrust of the
The Court of Appeal also rejected the claim that Proposition I deprived minority children of a “vested right” to desegregated education in violation of due process. See id., at 655-656,170 Cal. Rptr., at 509-510. Petitioners no longer advance this claim.
On March 16, 1981, the District directed that mandatory pupil reassignment under the Superior Court’s revised plan be terminated on April 20, 1981. On that date, parents of children who had been reassigned were given the option of returning their children to neighborhood schools. According to respondent Board of Education, approximately 7,000 pupils took this option of whom 4,300 were minority students. Brief for Respondent Board of Education 10.
The state courts refused to enjoin termination of the plan. On April 17, 1981, however, the United States District Court for the Central District of California issued a temporary restraining order preventing termination of the plan. Los Angeles NAACP v. Los Angeles Unified School District, 513 F. Supp. 717. The District Court found that there was
On September 10, 1981, the Superior Court approved a new, voluntary desegregation plan.
Respondent Bustop, Inc., argues that far from doing “more” than the Fourteenth Amendment requires, the State actually violated the Amendment by assigning students on the basis of race when such assignments were not necessary to remedy a federal constitutional violation. See Brief for Respondent Bustop, Inc., 10-18. We do not reach this contention.
In this respect this case differs from the situation presented in Washington v. Seattle School District No. 1, ante, p. 457.
In an opinion delivered after Proposition I was enacted, the California Supreme Court stated that “the amendment neither releases school districts from their state constitutional obligation to take reasonably feasible steps to alleviate segregation regardless of its cause, nor divests California courts of authority to order desegregation measures other than pupil school assignment or pupil transportation.” McKinny v. Oxnard Union High School District Board of Trustees, 31 Cal. 3d 79, 92-93, 642 P. 2d 460, 467 (1982). Moreover, the Proposition only limits state courts when enforcing the State Constitution. Thus, the Proposition would not bar state-court enforcement of state statutes requiring busing for desegregation or for any other purpose. Cf. Brown v. Califano, 201 U. S. App. D. C. 235, 244, 627 F. 2d 1221, 1230 (1980) (legislation limiting power of federal agency to require busing by local school boards held constitutional in view of the “effective avenues for desegregation” left open by the legislation).
“[I]t is racial discrimination in the judicial apparatus of the state, not racial discrimination in the state’s schools, that petitioners challenge under the Fourteenth Amendment in this case.” Brief for Petitioners 48.
In Hunter v. Erickson, 393 U. S. 385 (1969), the Court invalidated a city charter amendment which placed a special burden on racial minorities in the political process. The Court considered that although the law was neutral on its face, “the reality is that the law’s impact falls on the minority.” Id., at 391. In light of this reality and the distortion of the political process worked by the charter amendment, the Court considered that the amendment employed a racial classification despite its facial neutrality. In this case the elements underlying the holding in Hunter are missing. See infra.
A neighborhood school policy in itself does not offend the Fourteenth Amendment. See Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U. S. 1, 28 (1971) (“Absent a constitutional violation there would be no basis for judicially ordering assignment of students on a racial basis. All things being equal, with no history of discrimination, it might well be desirable to assign pupils to schools nearest their homes”). Cf. 20 U. S. C. § 1701: “(a) The Congress declares it to be the policy of the United States that — (1) all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and (2) the neighborhood is the appropriate basis for determining public school assignments.”
In the Los Angeles School District, white students are now the racial minority, see n. 1, supra. Similarly, in Los Angeles County, racial minorities, including those of Spanish origin, constitute the majority of the population. See U. S. Dept. of Commerce, 1980 Census of Population and Housing, California, Advance Reports 6 (Mar. 1981).
See Washington v. Davis, 426 U. S. 229, 238-248 (1976); Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U. S. 252, 265 (1977); James v. Valtierra, 402 U. S. 137, 141 (1971).
Proposition I is not limited to busing for the purpose of racial desegregation. It applies neutrally to “pupil school assignment or pupil transportation” in general. Even so, it is clear that court-ordered busing in excess of that required by the Fourteenth Amendment, as one means of desegregating schools, prompted the initiation and probably the adoption of Proposition I.
See Dayton Bd. of Ed. v. Brinkman, 443 U. S., at 531, n. 5 (“Racial imbalance, we noted in Dayton I, is not per se a constitutional violation, and rescission of prior resolutions proposing desegregation is unconstitutional only if the resolutions were required in the first place by the Fourteenth Amendment”).
In Hunter we noted that “we do not hold that mere repeal of an existing [antidiscrimination] ordinance violates the Fourteenth Amendment.” 393 U. S., at 390, n. 5. In Reitman the Court held that California Proposition 14 was unconstitutional under the Fourteenth Amendment not because it repealed two pieces of antidiscrimination legislation, but because the Proposition involved the State in private racial discrimination: “Here
Of course, if the purpose of repealing legislation is to disadvantage a racial minority, the repeal is unconstitutional for this reason. See Reitman v. Mulkey, 387 U. S. 369 (1967).
See Palmer v. Thompson, 403 U. S. 217, 228 (1971) (“To hold . . . that every public facility or service, once opened, constitutionally ‘locks in’ the public sponsor so that it may not be dropped . . . would plainly discourage the expansion and enlargement of needed services in the long run”) (Burger, C. J., concurring); Reitman v. Mulkey, supra, at 395 (“Opponents of state antidiscrimination statutes are now in a position to argue that such legislation should be defeated because, if enacted, it may be unrepealable”) (Harlan, J., dissenting).
In his dissenting opinion in Reitman v. Mulkey, supra, at 395, Justice Harlan remarked upon the need for legislative flexibility when dealing with the “delicate and troublesome problems of race relations.” He noted: “The lines that have been and must be drawn in this area, fraught as it is with human sensibilities and frailties of whatever race or creed, are difficult ones. The drawing of them requires understanding, patience, and
Tr. of Oral Arg. 6. See id., at 7-8 (“The fact that a state may be free to remove a right or remove a duty, does not mean that it has the same freedom to leave the right in place but simply, in a discriminatory way we argue, provide less than full judicial remedy”).
“In the case before us . . . the city of Akron has not attempted to allocate governmental power on the basis of any general principle. Here, we have a provision that has the clear purpose of making it more difficult for certain racial and religious minorities to achieve legislation that is in their interest.” 393 U. S., at 395 (Harlan, J., concurring).
The Hunter Court noted that although “the law on its face treats Negro and white, Jew and gentile in an identical manner,” id., at 391, a charter amendment making it more difficult to pass antidiscrimination legislation could only disadvantage racial minorities in the governmental process.
Petitioners contend that Proposition I only restricts busing for the purpose of racial discrimination. The Proposition is neutral on its face, however, and respondents — as well as the State in its amicus brief — take issue with petitioners’ interpretation of the provision.
Similarly, a “dual constitution” is not established when the State chooses to go beyond the requirements of the Federal Constitution in some areas but not others. Nor is a “dual executive branch” created when an agency is given enforcement powers in one area but not in another. Cf. Brown v. Califano, 201 U. S. App. D. C. 235, 627 F. 2d 1221 (1980) (upholding federal legislation prohibiting a federal executive agency, but not local school officials or federal courts, from requiring busing).
The Proposition contains its own statement of purpose:
“[T]he Legislature and people of the State of California find and declare that this amendment is necessary to serve compelling public interests, including those of making the most effective use of the limited financial resources now and prospectively available to support public education, maximizing the educational opportunities and protecting the health and safety of all public school pupils, enhancing the ability of parents to participate in the educational process, preserving harmony and tranquility in this state and its public schools, preventing the waste of scarce fuel, resources, and protecting the environment.”
Cf. Washington v. Davis, 426 U. S., at 253 (“The extent of deference that one pays to the trial court’s determination of the factual issue, and indeed, the extent to which one characterizes the intent issue as a question of fact or a question of law, will vary in different contexts”) (Stevens, J., concurring).
In Brown v. Califano, supra, the Court of Appeals found that a federal statute preventing the Department of Health, Education, and Welfare (HEW) from requiring busing “to a school other than the school which is nearest the student’s home,” 42 U. S. C. § 2000d, was not unconstitutional. HEW retained authority to encourage school districts to desegregate through other means, and the enforcement powers of the Department of Justice were left untouched. The court therefore concluded that the limits on HEW’s ability to order mandatory busing did not have a discriminatory
Cf. Washington v. Davis, supra, at 253 (Stevens, J., concurring) (“It is unrealistic ... to invalidate otherwise legitimate action simply because an improper motive affected the deliberation of a participant in the decisional process. A law conscripting clerics should not be invalidated because an atheist voted for it”).
Proposition I received support from 73.9% of the voters in Los Angeles County which has a “minority” population — including persons of Spanish origin — of over 50%. California Secretary of State, Statement of the Vote, November 6, 1979, Election 3. See n. 16, supra. By contrast, the Proposition received its smallest percentage of the vote in Humboldt and Marin Counties which are nearly all-white in composition.
Concurring Opinion
concurring.
While I join the opinion of the Court, I write separately to address what I believe are the critical distinctions between this case and Washington v. Seattle School District No. 1, ante, p. 457.
The Court’s conclusion in Seattle followed inexorably from these considerations. In that case the statewide electorate reallocated decisionmaking authority to “ ‘mak[e] it more difficult for certain racial and religious minorities [than for other members of the community] to achieve legislation that is in their interest.’” Washington v. Seattle School District No. 1, ante, at 470 (emphasis in original), quoting Hunter v. Erickson, 393 U. S., at 395 (Harlan, J., concurring). The Court found such a political structure impermissible, recognizing that if a class cannot participate effectively in the process by which those rights and remedies that order society are created, that class necessarily will be “relegated, by state fiat, in a most basic way to second-class status.” Plyler v. Doe, 457 U. S. 202, 233 (1982) (Blackmun, J., concurring).
In my view, something significantly different is involved in this case. State courts do not create the rights they enforce; those rights originate elsewhere — in the state legislature, in the State’s political subdivisions, or in the state constitution itself. When one of those rights is repealed, and therefore is rendered unenforceable in the courts, that action hardly can be said to restructure the State’s decisionmaking mechanism. While the California electorate may have made it more difficult to achieve desegregation when it enacted Proposition I, to my mind it did so not by working a structural change in the political process so much as by simply repealing the right to invoke a judicial busing remedy. Indeed, ruling for petition
In short, the people of California — the same “entity” that put in place the State Constitution, and created the enforceable obligation to desegregate — have made the desegregation obligation judicially unenforceable. The “political process or the decisionmaking mechanism used to address racially conscious legislation” has not been “singled out for peculiar and disadvantageous treatment,” Washington v. Seattle School District No. 1, ante, at 485 (emphasis in original), for those political mechanisms that create and repeal the rights ultimately enforced by the courts were left entirely unaffected by Proposition I. And I cannot conclude that the repeal of a state-created right — or, analogously, the removal of the judiciary’s ability to enforce that right — “ ‘curtailfs] the operation of those political processes ordinarily to be relied upon to protect minorities.’” Ante, at 486, quoting United States v. Carotene Products Co., 304 U. S. 144, 153, n. 4 (1938).
Because I find Seattle distinguishable from this case, I join the opinion and judgment of the Court.
Dissenting Opinion
dissenting.
The Court today addresses two state ballot measures, a constitutional amendment and a statutory initiative, each of which is admittedly designed to substantially curtail, if not eliminate, the use of mandatory student assignment or transportation as a remedy for de facto segregation. In Washington v. Seattle School District No. 1, ante, p. 457 (Seattle), the Court concludes that Washington’s Initiative 350, which effectively prevents school boards from ordering mandatory school assignment in the absence of a finding of de jure segregation within the meaning of the Fourteenth Amendment, is unconstitutional because “it uses the racial nature of an issue to define the governmental decisionmaking
I
In order to understand fully the implications of the Court s action today, it is necessary to place the facts concerning the adoption of Proposition I in their proper context. Nearly two decades ago, a unanimous California Supreme Court declared that “[t]he segregation of school children into separate schools because of their race, even though the physical facilities and the methods and quality of instruction in the several schools may be equal, deprives the children of the minority group of equal opportunities for education and denies them equal protection and due process of the law.” Jackson v. Pasadena City School District, 59 Cal. 2d 876, 880, 382 P. 2d 878, 880-881 (1963). Recognizing that the “right to an equal opportunity for education and the harmful consequences of segregation” do not differ according to the cause of racial isolation, the California Supreme Court declined to adopt the distinction between de facto and de jure segregation en-grafted by this Court on the Fourteenth Amendment. Id.,
As the California Supreme Court subsequently explained, the duty established in Jackson does not require that “each school in a district . . . reflect the racial composition of the district as a whole.” Crawford v. Board of Education, 17 Cal. 3d 280, 302, 551 P. 2d 28, 42 (1976) (Crawford I). Rather, it is sufficient that school authorities “take reasonable and feasible steps to eliminate segregated schools, i. e., schools in which the minority student enrollment is so disproportionate as realistically to isolate minority students from other students and thus deprive minority students of an integrated educational experience.” Id., at 303, 551 P. 2d, at 43 (emphasis in original). Moreover, the California courts have made clear that the primary responsibility for implementing this state constitutional duty lies with local school boards. “[S]o long as a local school board initiates and implements reasonably feasible steps to alleviate school segregation in its district, and so long as such steps produce meaningful progress in the alleviation of such segregation, and its harmful consequences, . . . the judiciary should [not] intervene in the desegregation process.” Id., at 305-306, 551 P. 2d, at 45. If, however, a school board neglects or refuses to implement meaningful programs designed to bring about an end to racial isolation in the public schools, “the court is left with no alternative but to intervene to protect the constitutional rights of minority children.” Id., at 307, 551 P. 2d, at 45. When judicial intervention is necessary, the court “may exercise broad equitable powers in formulating and supervising a plan which the court finds will insure meaningful progress to alleviate the harmful consequences of school segregation in the district.” Id., at 307, 551 P. 2d, at 46. Moreover, “once a school board defaults in its constitutional task, the court, in
Like so many other decisions protecting the rights of minorities, California’s decision to eradicate the evils of segregation regardless of cause has not been a popular one. In the nearly two decades since the State Supreme Court’s decision in Jackson, there have been repeated attempts to restrain school boards and courts from enforcing this constitutional guarantee by means of mandatory student transfers or assignments. In 1970, shortly after the San Francisco Unified School District voluntarily adopted a desegregation plan involving mandatory student assignment, the California Legislature enacted Education Code § 1009.5, Cal. Educ. Code Ann. §1009.5, currently codified at Cal. Educ. Code Ann. §35350 (West 1978), which provides that “[n]o governing board of a school district shall require any student or pupil to be transported for any purpose or for any reason without the written permission of the parent or guardian.” In San Francisco Unified School District v. Johnson, 3 Cal. 3d 937, 479 P. 2d 669 (1971), the California Supreme Court interpreted this provision only to bar a school district from compelling students, without parental consent, to use means of transportation furnished by the district. Construing the statute to prohibit nonconsensual assignment of students for the purpose of eradicating dejure or defacto segregation, the court concluded, would clearly violate both the State and the Federal Constitutions by “exorcising a method that in many circumstances is the sole and exclusive means of eliminating racial segregation in the schools.” Id., at 943, 479 P. 2d, at 671.
The very next year, opponents of mandatory student assignment for the purpose of achieving racial balance again attempted to eviscerate the state constitutional guarantee recognized in Jackson. Proposition 21, which was enacted by referendum in November 1972, stated that “[n]o public school
Finally, in 1979, the people of California enacted Proposition I. That Proposition, like all of the previous initiatives, effectively deprived California courts of the ability to enforce the state constitutional guarantee that minority children will not attend racially isolated schools by use of what may be “the sole and exclusive means of eliminating racial segregation in the schools,” San Francisco Unified School District v. Johnson, supra, at 943, 479 P. 2d, at 671, mandatory student assignment and transfer. Unlike the earlier attempts to accomplish this objective, however, Proposition I does not purport to prevent mandatory assignments and transfers when such measures are predicated on a violation of the Federal Constitution. Therefore, the only question presented by this case is whether the fact that mandatory transfers may still be made to vindicate federal constitutional rights saves this initiative from the constitutional infirmity presented in the previous attempts to accomplish this same objective. In my view, the recitation of the obvious — that a state constitutional amendment does not override federal constitutional guarantees — cannot work to deprive minority children in California of their federally protected right to the equal protection of the laws.
II
A
In Seattle, the Court exhaustively set out the relevant principles that control the present inquiry. We there found that a series of precedents, exemplified by 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), establish that the Fourteenth Amendment
It is therefore necessary to determine whether Proposition I works a “nonneutral” reallocation of governmental power on the basis of the racial nature of the decision. This determination is also informed by our decision in Seattle. In that case we were presented with a statewide initiative which effectively precluded local school boards from ordering mandatory student assignment or transfer except where required to remedy a constitutional violation. We concluded that the initiative violated the Fourteenth Amendment because it reallocated decisionmaking authority over racial issues from the local school board to a “new and remote level of government.” Seattle, ante, at 483. In reaching this conclusion, we specifically affirmed three principles that are particularly relevant to the present inquiry.
First, we rejected the State’s argument that a statewide initiative prohibiting mandatory student assignment has no “racial overtones” simply because it does not mention the words “race” or “integration.” Seattle, ante, at 471. We noted that “[njeither 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.” Ibid. In light of its language and the history surrounding its adoption, we found it “beyond reasonable dispute . . . that the initiative was enacted “‘because of,” not merely “in spite of,” its adverse effects upon’ busing for inte
Second, the Seattle Court determined that Initiative 350 unconstitutionally reallocated power from local school boards to the state legislature or the statewide electorate. After the enactment of Initiative 350, local school boards continued to exercise considerable discretion over virtually all educational matters, including student assignment. Those seeking to eradicate de facto segregation, however, were forced to “surmount a considerably higher hurdle than persons seeking comparable legislative action,” Seattle, ante, at 474, for instead of seeking relief from the local school board, those pursuing this racial issue were forced to appeal to a different and more remote level of government. Just as in Hunter v. Erickson, supra, where those interested in enacting fair housing ordinances were compelled to gain the support of a majority of the electorate, we held that this reallocation of governmental power along racial lines offends the Equal Protection Clause. Our holding was not altered by the fact that those seeking to combat de facto segregation could still pursue their cause by petitioning local boards to enact voluntary measures or by seeking action from the state legislature. Nor were we persuaded by the argument that no transfer of power had occurred because the State was ultimately responsible for the educational policy of local school boards. We found it sufficient that Initiative 350 had deprived those seek
Finally, the Court’s decision in Seattle implicitly rejected the argument that state action that reallocates governmental power along racial lines can be immunized by the fact that it specifically leaves intact rights guaranteed by the Fourteenth Amendment. The fact that mandatory pupil reassignment was still available as a remedy for de jure segregation did not alter the conclusion that an unconstitutional reallocation of power had occurred with respect to those seeking to combat de facto racial isolation in the public schools.
B
In my view, these principles inexorably lead to the conclusion that California’s Proposition I works an unconstitutional reallocation of state power by depriving California courts of the ability to grant meaningful relief to those seeking to vindicate the State’s guarantee against de facto segregation in the public schools. Despite Proposition I’s apparent neutrality, it is “beyond reasonable dispute,” Seattle, ante, at 471, and the majority today concedes, that “court-ordered busing in excess of that required by the Fourteenth Amendment. . . prompted the initiation and probably the adoption of Proposition I.” Ante, at 538, n. 18 (emphasis in original).
Nor can there be any doubt that Proposition I works a substantial reallocation of state power. Prior to the enactment of Proposition I, those seeking to vindicate the rights enumerated by the California Supreme Court in Jackson v. Pasadena City School District, 59 Cal. 2d 876, 382 P. 2d 878 (1963), just as those interested in attaining any other educational objective, followed a two-stage procedure. First, California’s minority community could attempt to convince the local school board voluntarily to comply with its constitutional obligation to take reasonably feasible steps to eliminate racial isolation in the public schools. If the board was either unwilling or unable to carry out its constitutional duty, those seeking redress could petition the California state courts to require school officials to live up to their obligations. Busing could be required as part of a judicial remedial order. Crawford I, 17 Cal. 3d, at 310, 551 P. 2d, at 48.
Whereas Initiative 350 attempted to deny minority children the first step of this procedure, Proposition I eliminates by fiat the second stage: the ability of California courts to order meaningful compliance with the requirements of the State Constitution. After the adoption of Proposition I, the only method of enforcing against a recalcitrant school board the state constitutional duty to eliminate racial isolation is to petition either the state legislature or the electorate as a whole. Clearly, the rules of the game have been signifi
The majority seeks to conceal the unmistakable effects of Proposition I by calling it a “mere repeal” of the State’s earlier commitment to do “ ‘more’ than the Fourteenth Amendment requires.” Ante, at 535. Although it is true that we have never held that the “mere repeal of an existing [antidiscrimination] ordinance violates the Fourteenth Amendment,” Hunter v. Erickson, supra, at 390, n. 5, it is equally clear that the reallocation of governmental power created by Proposition I is not a “mere repeal” within the meaning of any of our prior decisions.
In Dayton Bd. of Education v. Brinkman, 433 U. S. 406 (1977), the new members of the Dayton Board of Education repudiated a resolution drafted by their predecessors admitting the Board’s role in the establishment of a segregated school system and calling for various remedial actions. In
By contrast, in Seattle, Hunter, and Reitman v. Mulkey, 387 U. S. 369 (1967),
The majority asserts that the Fourteenth Amendment does not “require the people of a State to adhere to a judicial construction of their State Constitution when that Constitution itself vests final authority in the people.” Ante, at 540. A state court’s authority to order appropriate remedies for
As in Seattle, Hunter, and Reitman, Proposition I’s repeal of the state court’s enforcement powers was the work of an independent governmental entity, and not of the state courts themselves. That this repeal drastically alters the substan
In this case, the reallocation of power occurs in the judicial process — the major arena minorities have used to ensure the protection of rights “in their interest.” Hunter v. Erickson, supra, at 395 (Harlan, J., concurring). Certainly, Hunter and Seattle cannot be distinguished on the ground that they concerned the reallocation of legislative power, whereas Proposition I redistributes the inherent power of a court to tailor the remedy to the violation. As we have long recognized, courts too often have been “the sole practicable avenue open to a minority to petition for redress of grievances.” NAACP v. Button, 371 U. S. 415, 430 (1963). See Reitman v. Mulkey, 387 U. S., at 377 (invalidating state constitutional amendment because “[t]he right to discriminate, including the right to discriminate on racial grounds, was now embodied in the State’s basic charter, immune from legislative, ex
Ill
Even if the effects of Proposition I somehow can be distinguished from the enactments at issue in Hunter and Seattle, the result reached by the majority today is still plainly inconsistent with our precedents. Because it found that the segregation of the California public schools violated the Fourteenth Amendment, the state trial court never considered whether Proposition I was itself unconstitutional because it was the product of discriminatory intent. Despite the absence of any factual record on this issue, the Court of Appeal rejected petitioners’ argument that the law was motivated by a discriminatory intent on the ground that the recitation of several potentially legitimate purposes in the legislation’s preamble rendered any claim that it had been enacted for an invidious purpose “pure speculation.” 113 Cal. App. 3d 633, 655, 170 Cal. Rptr. 495, 509 (1981).
In Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U. S. 252, 266 (1977), we declared that “[determining
IV
Proposition I is in some sense “better” than the Washington initiative struck down in Seattle.
Just as in Seattle, the fact that other types of student transfers conceivably might be prohibited does not alter this conclusion: “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” Proposition I. Seattle, ante, at 471. Indeed in their response to the petition for certiorari, respondents characterized Proposition I as addressing but “one narrow area: the power of a state court to order mandatory student assignment or transportation as a desegregation remedy. ” Brief in Opposition 9.
It is therefore irrelevant whether the “benefits of neighborhood schooling are racially neutral,” as the majority asserts. Ante, at 544; see ante, at 537. In Seattle, ante, at 472, we specifically rejected the argument that because some minorities as well as whites supported the initiative, it could not be considered a racial classification.
There can be no question that the practical effect of Proposition I will be to deprive state courts of “the sole and exclusive means of eliminating racial segregation in the schools.” San Francisco Unified School District v. Johnson, 3 Cal. 3d 937, 943, 479 P. 2d 669, 671 (1971). As we have often noted, “bus transportation has long been an integral part of all public educational systems, and it is unlikely that a truly effective remedy could be devised without continued reliance upon it.” North Carolina Board of Ed. v. Swann, 402 U. S. 43, 46 (1971). Moreover, Proposition I prevents a state court from ordering school officials to take any action respecting pupil school assignment, as well as pupil transportation. Presumably, state courts could not design a remedy involving the “pairing” or “clustering” of schools, even if such a remedy did not involve any “busing.” In the present case, the state trial court found that the voluntary programs proposed by the Los Angeles School Board were “constitutionally suspect” because they “place[d] the burden of relieving the racial isolation of the minority student upon the minority student.” App. 160. Consequently, since “a voluntary program would not serve to integrate the community’s schools,” Seattle, ante, at 473, n. 16, Proposition I, like the measures at issue in Lee v. Nyquist, 318 F. Supp. 710 (WDNY 1970) (three-judge court), summarily aff’d, 402 U. S. 935 (1971), and Seattle, precludes the effective enjoyment by California’s minority children of their right to eliminate racially isolated schools.
In Reitman v. Mulkey, this Court struck down another California ballot measure, granting every resident the absolute constitutional right to sell or rent his property to whomever he or she chooses. We held that the provision amounted to an unconstitutional authorization of private discrimination.
Indeed Proposition I by its express terms allows for the modification of existing plans upon the application of any interested person. Art. 1, § 7(a).
As the majority notes, Proposition I states that the “people of the State of California find and declare that this amendment is necessary to serve compelling public interests,” including, inter alia, “making the most efficient use of . . . limited financial resources,” protecting the “health and safety” of all students, preserving “harmony and tranquility,” and “protecting the environment.” Ante, at 533, n. 6. These purported justifications, while undoubtedly meritorious, are clearly insufficient to sustain the racial classification established by Proposition I. As we have often noted, racial classifications may only be upheld where “necessary, and not merely rationally related, to the accomplishment of a permissible state policy.” McLaughlin v. Florida, 379 U. S. 184, 196 (1964). It goes without saying that a self-serving conclusory statement of necessity will not suffice to fulfill this burden. See Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 28, 29-31 (1971) (rejecting a similar list of justifications for establishing a racial classification). “In any event, [respondents] have failed to show that the purpose[s] they impute to the [Proposition] could not be accomplished by alternative methods, not involving racial distinctions.” Lee v. Nyquist, 318 F. Supp., at 720.
Parenthetically, it is interesting to note that the allegedly compelling interest in establishing “neighborhood schools” so often referred to by the majority appears nowhere in the official list of justifications. The absence of any mention of this supposed justification is not surprising in light of the fact that the Proposition’s ban on student “assignment” effectively prevents desegregation remedies that would not require a student to leave his “neighborhood.” See n. 3, supra.
The majority’s reliance on Reitman v. Mulkey, 387 U. S. 369 (1967), is therefore misplaced. How can any deference be given to the state court’s “knowledge of the facts and circumstances concerning the passage and potential impact” of Proposition I, id., at 378, when no such findings were ever made.
Initiative 350, however, at least did “not hinder [the] State from enforcing [the State] Constitution.” Seattle, ante, at 490, n. 3 (POWELL, J., dissenting).
Reference
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