In an unexpected announcement, the U.S. Supreme Court recently said it plans to tackle measures designed to maintain racial balance in public schools later this year.

The two cases concerned, Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County Board of Education, a case out of Kentucky, come from different parts of the country but hold a common thread. Both appellants claim public schools implemented programs to achieve racial diversity that unjustly discriminated when selecting transfer students for acceptance.

Though the court's future decision is not expected to be reminiscent of the landmark 1954 Brown v. Board of Education that overturned laws allowing "separate but equal" schools for blacks and whites, it could significantly impact the way race is dealt with in government policy.

The history of discrimination in America will likely come to the surface in the emotionally charged debate. Though segregation was declared illegal after the Brown v. Board of Education decision, it remained widespread throughout the nation because living patterns and socioeconomic conditions kept schools racially imbalanced.

But current policies to maintain rather than achieve racial balance in public schools will soon face the scrutiny of the nation's highest court. The cases the court will hear stand at the crossroads of affirmative action and desegregation cases.

Teddy Gordon, a lawyer from Kentucky, is appealing earlier decisions that upheld the Jefferson County school system's method for creating racial balance in school.

"Every child in Jefferson County public schools is being discriminated against when they apply for a school because they have to check off a box saying what race they are and nobody is getting a better education because of it," said Honi Goldman, a spokeswoman for Gordon.

Gordon's argument will not be on the basis of reverse discrimination, but on equal protection for everyone under the 14th Amendment, Goldman said.

But those supporting the programs could counter-argue that discrimination undeniably exists today and because race remains a factor in society, it would be unfair to avoid as a decision making tool.

"Diversity affects how issues are discussed," said Fred Gedicks, a BYU law professor. "It affects the quality of education that everyone receives."

Melissa Smith, president of BYU's Black Student Union, said opportunities for everyone should be equal and based solely on work ethic, but right now, problems still exist.

"You get areas that have a much higher black population or a much higher white population and something has to be done to create diversity," she said.

The court, considered more conservative since Justice Samuel Alito replaced Justice Sandra Day O'Connor, turned down a chance to hear a related case in December.

Copyright Brigham Young University 9 Jun 2006