Gong Lum vs Rice Case Analysis - Essay Example

This ruling is said to have been erroneous as it encouraged racial segregation. There was, therefore, a need to correct the wrongs that the ruling had advanced. The solutions were thus to be advanced and the courts to change their position on the equal but separate policy.

To solve the racial segregation menace the Waring dissenting in the case of Briggs vs Elliot (1955) seems to be proposing several solutions to be resorted to. This was inspired by the reversion of the earlier decisions in the case of Brown vs Board of Education of Topeka (1951) that stated that the courts there was need to quick action I see that there is an admission of students to schools on a non-discriminatory basis (Briggs v Elliot).

The deal with racial segregation in schools the school authorities had to elucidate, assess and solve the racial issue by proving that their actions had to be guided by good faith. The courts were to be further guided by equitable principles which would call for the elimination of obstacles in joining the schools what has been termed as affirmative action against segregation. Further, the discriminatory laws were to be revised to reflect the non-racial admission base to schools (Briggs v Elliot).

Affirmative action in the U.S. against racial segregation was aimed at seeing that individuals of all races had equal opportunity to education and other services and to abolish the equal but separated policy that had been seen in the Lum vs Rice Case. As a policy, affirmative action sets up steps that will see the discriminated race protected by the executive, the judiciary, the legislature, and its agents by providing avenues and eliminating any obstacles that would have facilitated the discrimination. This has been seen by the increased lobbying by Civil Rights groups like the Leadership Conference on Civil Rights (LCCR) whose research shows the great success that affirmative action has brought to the discriminated races (Robyn Kurland).

Affirmative action will necessitate a change in law example in the U.S. there became a need to pass the Civil Rights Act of 1964 which made discrimination illegal and called for equal access to facilities and services. Affirmative action further calls for executive orders to promote the policy. As a result of affirmative action, many civil rights lobby groups have birthed that work to promote equal access to services and facilities and sensitize individuals to their rights to equal opportunities. In the long run, the citizens of both races are keen to see that none of their rights is curtailed because of being in the minority race and thus increased civil rights cases where one feels there is any form of racial discrimination possibility or one had been the victim of such (Chuang, 2001).

Affirmative action equates the minority and the majority races placing them at the same base and having the same rights. This gives the racial groups an equal and fair chance to access the opportunities that have been set forth without feeling that had they been in a better position they would have had the opportunity they missed. Although affirmative action may not be absolute in fighting racial discrimination it is a policy that corrects the racial injustices that the minority races face and creates a more unified state.