In May 2023, the University of California Berkeley (Berkeley) hosted its “Black Graduation.” The title of the event, the event’s materials, and the speakers at the event were not shy about conveying that it was a “blacks only” celebration. Even the official website for the event describes it in these terms: “The entire event is punctuated by musical performances and speeches curated explicitly for the Black community.”
But Title VI of the Civil Rights Act bars racial discrimination in schools and colleges like Berkeley. Indeed, previous guidance from the US Department of Education has made clear that schools cannot facilitate—much less host and coordinate—all white or all black segregated proms, or have separate student awards based on race. And in other contexts, the Department of Education has clearly stated that even the mere title of an event can convey a discriminatory and exclusionary message. Here, it is hard to imagine any non-black student showing up to have his/her graduation celebrated at “Black Graduation.”
Mountain States’ general counsel Will Trachman said, “All of Berkeley’s events and programs must be open to everyone, regardless of race. No event can cater exclusively to black students, just as no event can cater exclusively to white or Asian students. As both an alumnus of Berkeley and a former official in the Department of Education, I can say that this event should not go forward next year. We look forward to demonstrating that there is no exception to racial equality in this context.”
MSLF is filing a federal civil rights complaint with the Department of Education’s Office for Civil Rights, insisting that this event not go forward in 2024. Since Brown v. Board of Education in 1954, it has been clear that racial segregation in education is illegal. Yet Berkeley has walked willfully into race discrimination. It must end now.
This story was covered in:
- The Federalist by Tristan Justice
