French Color Blindness in Perspective: The Controversy over "Statistiques Ethniques"

Abstract

In the United States, while some race-based policies such as affirmative action have faced often successful political and legal challenges over the last quartercentury, historically, the very principle of official racial classification has met with much less resistance. The Equal Protection Clause of the Constitution’s Fourteenth Amendment, according to which “no state shall deny to any person within its jurisdiction the equal protection of the laws,” was not originally intended to incorporate a general rule of “color blindness.” And when in California, in 2003, the “Racial Privacy Initiative” led to a referendum on a measure—Proposition 54—demanding that “the state shall not classify any individual by race, ethnicity, color or national origin,” this restriction was meant to apply exclusively to the operation of public education, public contracting or public employment, that is, the three sites where affirmative action was once in effect and might be reinstated at some point, or so the proponents of that initiative feared. In any case, that measure was roundly defeated at the polls.