“Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids.”

— Lewis F. Powell, Jr.

Regents of the University of California v. Bakke, 438 U.S. 265 (1978).
1970s

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Lewis F. Powell, Jr. 6

American judge 1907–1998

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“For there is no constitutional right for any race to be preferred… If discrimination based on race is constitutionally permissible when those who hold the reins can come up with "compelling" reasons to justify it, then constitutional guarantees acquire an accordion-like quality.”

William O. Douglas (1898–1980) Associate Justice of the Supreme Court of the United States

Dissenting, DeFunis v. Odegaard, 416 U.S. 312 (1974)
Judicial opinions

“The statute in section 3(1) contains a definition of a “racial group”. It means a “group of persons defined by reference to colour, race, nationality or ethnic or national origins.” That definition is very carefully framed. Most interesting is that it does not include religion or politics or culture. You can discriminate for or against Roman Catholics as much as you like without being in breach of the law. You can discriminate for or against Communists as much as you please, without being in breach of the law. You can discriminate for or against the “hippies” as much as you like, without being in breach of the law. But you must not discriminate against a man because of his colour or of his race or of his nationality, or of “his ethnic or national origins.” … You must remember that it is perfectly lawful to discriminate against groups of people to whom you object - so long as they are not a racial group. You can discriminate against the Moonies or the Skinheads or any other group which you dislike or to which you take objection. No matter whether your objection to them is reasonable or unreasonable, you can discriminate against them - without being in breach of the law.’}}”

Alfred Denning, Baron Denning (1899–1999) British judge

Denning judged in the Court of Appeal at the time, and held that Sikhs were not a racial or ethnic group. His ruling was overturned in the House of Lords, notably by Ian Fraser, Baron Fraser of Tullybelton, who outlined seven points by which ethno-religious groups were to be defined.
Judgments