Reverse-Discrimination Claim Thrown Out by Federal Judge

ATLANTA — A federal judge lambasted the University of Georgia for using race as a factor in its current admissions policy, but threw out a White applicant's claim that the school rejected him because of race.
Judge B. Avant Edenfield said the student would not have been admitted to the school regardless of race. However, the judge criticized the university, saying the school "cannot constitutionally justify the affirmative use of race in its admission decisions.
"The record shows, quite simply, that ... UGA prefers one applicant over another based solely on race," Edenfield, of the U.S. District Court in Savannah, wrote in his July 6 ruling.
The suit, filed in 1997 by Craig Green and his Atlanta attorney Lee Parks, said the state university system uses racial quotas to illegally segregate public colleges and universities. Although his client's claim of discrimination was thrown out, Parks said that he was encouraged by Edenfield's remarks.
"The ball is now in the university's court. Are they going to continue this program in the face of this ruling or not?" says Parks, who adds he would consider another suit if the university does not change its policy.
The university's admission policy uses the same academic standards for all students regardless of race. Borderline applicants, who make up about 25 percent of freshman admissions, get extra points for being minorities, as do applicants whose parents are alumni or who live in rural or poor areas of the state.
Edenfield described the policy as "race counting — where non-White applicants literally are awarded ‘racial bonus points.'"
University officials justified the system as a way to diversify the campus, where Blacks make up 6.2 percent of the student body. And University System Chancellor Stephen Portch says that UGA will continue efforts to have a diverse student body.
"Our state's future economy depends on the University System of Georgia being accessible to all qualified Georgians, so we will continue to work ... to explore all of the options that will enable UGA to have an inclusive student body," he says.
Edenfield rejected Green's claims that he was denied admission to the 1997 freshman class because he was White. The judge ruled that Green could not challenge the policy because his academic record was not good enough to gain admittance to the Athens school.