Sacramento – California lawmakers are deliberating on measures that would enable state universities to take into account whether students are descendants of African Americans who were enslaved in the United States. This initiative is part of a diversity program that is currently facing significant opposition from the Trump administration.
The proposed bill, likely to encounter legal hurdles if it passes, is among 15 compensation bills that have received backing from California’s Legislative Black Caucus during the ongoing legislative session.
Congressional Bill 7, introduced by Congressman Isaac G. Bryan (D-Los Angeles), aims to navigate potential restrictions on state affirmative action, following the passage of Proposition 209 in 1996. This measure bars universities from making decisions based on race, gender, ethnicity, color, or national origin.
However, Bryan emphasizes that his proposal has no direct ties to race, avoiding the use of terms like “black” or “African American” in his language. “The descendants of enslaved people can be identified in various racial ways, and this identification might even lean towards a more phenotypic understanding than strictly racial,” he explained in an interview. “Yet, if your ancestors were enslaved here, there’s a clear lineage-based connection to the injustices faced both then and now.”
He noted that the bill and others in the package enjoy widespread support from the Democratic supermajority and reflect California’s values. “I think we’re recognizing the past harms and trying to forge a future that encompasses everyone. If this stands in contrast to federal policies, it speaks to our identity as Californians,” he commented.
Most recently, reform advocates felt disheartened when only 10 out of 14 bills in the compensation package passed Congress. Lawmakers, however, viewed this as a foundation for future efforts, according to Rep. Lori D. Wilson, D-Suisun City.
With AB 7 concentrating on lineage, Taifha Alexander, a UCLA professor and expert in critical race theory, cautioned that if a judge perceives lineage as a proxy for race, it could encounter legal challenges and possibly be deemed unconstitutional under the 14th Amendment.
Nevertheless, separate compensation bills may offer a clearer legal definition to differentiate race from lineage. Senate Bill 518 proposes the establishment of a state department focused on Americans descended from slavery, which would aid in identifying individuals’ status and facilitating access to benefits.
The idea of offering comprehensive compensation is not entirely new; Alexander pointed out that a similar initiative was previously actualized. The Civil Liberties Act of 1988 led the federal government to apologize to Japanese Americans for forced incarceration during World War II, which included a one-off payment of $20,000 to each survivor.
In 2023, cash compensation was a topic of discussion, but a recent survey revealed that over 40% of California voters strongly opposed it, with a total of 59% rejecting the concept. Notably, the current bill does not propose cash payments.
Instead, Alexander suggested other compensation forms, like adjustments in university admission processes and social programs, could effectively tackle inequality.
However, she indicated that bills like AB 7, which attempt to evade existing laws, may face public backlash as they could be perceived as unjust. “The policy is probably not going to win much support, particularly after the 2023 Supreme Court ruling that barred the use of race in university admissions,” she noted.
Critics argue that the bill’s distinction between race and ancestry may not suffice for judicial review and could lead to the court deciding that lineage serves as a proxy for race. “Imagine if the state developed laws making college admissions harder for descendants of enslaved Americans. Would there be broad support for such measures?” she questioned. “Such a proposal would likely be swiftly declared unconstitutional, revealing a core issue with AB 7—it risks establishing race-related classifications cloaked in lineage, which might not survive legal scrutiny.”
Other measures still advancing through the legislative process aim to provide housing purchase assistance for American slavery descendants and direct state agencies to combat discrimination in mortgage lending.
The halted Compensation Act included suggested changes to the state constitution to prevent prisons from mandating job requirements.
