Ward Connerly, figurehead for California's anti-affirmative action Proposition 209, is up to more mischief. This time
it's a push to prevent California's public agencies from classifying
"any individual by race, ethnicity, color or national origin in the
operation of public education, public contracting or public employment."
Classification is defined as any "act of separating, sorting or
organizing by race, ethnicity, color or national origin including, but
not limited to, inquiring, profiling, or collecting such data on
Shrewdly titled the Racial Privacy Initiative, it sounds like a plan to
protect us from the manipulative purview of Big Brother, or perhaps an
act to prohibit police profiling or to protect medical records from
being misused or to prevent consumer credit and employment histories
from being revealed in ways that discriminate against minorities.
"Racial privacy" beguiles with the promise of removing race and all its
contentiousness from public view, keeping its secrets in a vault for
only the rightful owner to know. A kind of "don't ask, don't tell"
stance of racial revelation.
In fact, the proposed enactment contains a series of crucial exceptions
that quickly turn such rosily "color-blind" expectations completely
upside down. First, in a blatant concession to Big Brother writ large,
there is an exemption for police. Sociologists Troy Duster and Andy
Barlow have worried that this exemption will allow police alone to
collect racial data: "What about the concern of many citizens that
police practices need to be monitored for racial profiling? The racial
privacy initiative would not allow such data to be kept."
Similarly, while permitting racial and ethnic classification of "medical
research subjects and patients," the initiative bars the collection of
data for population-based surveys that are the cornerstone of public
health administration. And while there is a superficially charitable
exemption for the Department of Fair Employment and Housing, that much
of a given is rather severely constrained in that the department "shall
not impute a race, color, ethnicity or national origin to any
individual." In any event, this particular exemption "shall expire ten
years after the effective date of this measure."
In fact, the Racial Privacy Initiative is not about protecting data from
being misused; instead it effectively eliminates data collection at all.
If enacted, it would continue a trend begun by Ronald Reagan and pursued
by every Republican administration since: limiting the accountability of
public institutions by making vital public information unavailable. In
such a world, there can be no easy way to know whether Native American
women are being sterilized at higher rates in public hospitals than
other groups. One would not be able to determine whether public schools
were tracking black students into remedial classes and white students
into advanced placement. Documentation of ghettoization and other
patterns of residential segregation would be magically wiped from census
With no impartial public archive of such data, the burden of compiling
such statistics would fall either upon independent academics who would
have to find funding for their studies on a project-by-project basis; or
upon a cacophony of competing interest groups--a competition that no
doubt will be more than skewed by better-funded conservative think tanks
like the Manhattan Institute and the American Enterprise Institute.
Indeed, this initiative is not about "privacy" as most laypeople think
of it. It is actually about privatizing racially based behavior. And
privatized racism has been a dream of the far right since the first
whites-only private schools sprang up in the wake of Brown v. Board
of Education. Segregation is "private choice," a "social" problem,
not a legal one, according to this logic. You can't force people to love
you. Suing over discrimination is victimology. As long as the government
doesn't force you to drink out of a separate water fountain or go to a
separate school, then that is the limit of equal opportunity.
Eliminating official knowledge of race and ethnicity in the public
sphere at first sounds like part of the same enterprise as eliminating
Jim Crow laws. (Indeed, many California voters seem as confused about
the meaning of the initiative as they were about Prop 209, which sounded
to many as though it would lead to more inclusion rather than less.) In
fact, however, "racial privacy" accomplishes little more than
institutionalizing an official stance of denial and, in the process,
eviscerates essential civil rights enforcement mechanisms. Californians
may as well put those three little moral idiots, Hear-no-evil,
See-no-evil and Speak-no-evil, in charge of remediation for
In what has been one of the most effective manuevers of the right in
recent years, defenders of the initiative have co-opted a good deal of
the vocabulary of the civil rights community in a blizzard of
definitional inversions. Ward Connerly insists that this measure will
keep the state from "profiling" its citizens. If one accepts that to
most Americans "profiling" connotes the unethical use of data to
discriminate (as in Driving While Black), this conflation with the
neutral act of data collection itself is tremendously misleading. By the
same token, the name of Connerly's group, the American Civil Rights
Coalition, would seem to imply a greater measure of protection for civil
rights rather than lesser. I do worry that such studied reversals of
terms will come to overtake the discourse as much as the term "quota"
has displaced any public understanding of the actual meaning of
The publicly collected statistics we take for granted today show
undisputed racial and ethnic disparities in every realm of American
life. Any proposition that this gap is either not worth documenting--or,
even more insidiously, is aggravated by the gathering of such
knowledge--consigns us to a world in which "intelligence" is the
exclusive preserve of unrestrained police surveillance. The collective
ignorance with which we will be left will quite literally keep us from
ever speaking truth to power.