CALIFORNIA – California legislators have taken a step to address the enduring legacy of slavery by advancing Assembly Bill 7 on September 12, which would allow colleges in the state to give priority in admissions to students descended from enslaved people.
The bill now awaits the signature of Governor Gavin Newsom.
If enacted, the University of California, California State University, and private colleges could give admission preference to applicants who can prove direct lineage to enslaved people in the U.S. before 1900, to the extent it does not conflict with federal law.
However, colleges would not be required to offer preferential treatment.
Bill author assemblymember Isaac G. Bryan said that for decades, universities gave preferential admission to legacy donors and their families while overlooking applicants directly affected by historical exclusion.
“These intentional decisions have resulted in stark and measurable achievement differences with documented ties back to slavery in the United States,” Bryan said.
Proving Eligibility
Although California entered the Union as a free state in 1850, limited forms of slavery still existed, particularly through indentured labor and the exploitation of Black and Indigenous people.
Some enslaved individuals were brought into the state by settlers from the South, and racial discrimination persisted after slavery was officially banned.
Although the bill aims to give admission preference to descendants of enslaved people, critics say its language is unclear.
Questions remain about how many generations applicants must trace, what documentation is required, and how campus enrollment offices would verify authenticity.
Legal Concerns
Other critics, including the Californians for Equal Rights Foundation, point to Article I, Section 31(a) of the state constitution, established by Proposition 209 in 1996.
It prohibits California from granting preferential treatment or discriminating based on race, sex, color, ethnicity, or national origin in public employment, education, or contracting.
“This principle was overwhelmingly reaffirmed on the November 2020 ballot when 57.2% of California voters rejected Proposition 16, which would have repealed Prop 209,” the foundation said.
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