As horrible as discrimination is, it is even worse when it is mandated by the government, which is exactly what a proposal by the University of California (UC) currently under consideration by the UC Academic Senate would result in if adopted.
The University of California is considering a proposal that would have the effect of not only requiring students to be indoctrinated in bias but also subjecting those students to a program that delegitimizes their very existence. The proposal is one that on its face is innocuous, but it is designed to ensure that one group that has a long track record of promoting antisemitism may be in charge of creating and helping to implement a course in ethnic studies that will become a requirement for admission to California’s flagship university system (one that is paid for by California taxpayers).
While forcing students to learn to hate themselves is reprehensible as a matter of policy, we believe it is also a violation of the First Amendment.
Many families in California expect that their children will have an opportunity to attend a UC campus and, in fact, admission to a UC campus is a legal right for each student in the top 9% of their class. The proposed new admissions requirement for the University of California, however, will require that each prospective UC student complete a high school ethnic studies course that will likely be in line with a model curriculum that is openly antisemitic. As a result, California high schools are expected to require completion of this curriculum, including private Jewish schools.
This will force parents to make a choice for their children: give up the right to attend the University of California or be subjected to a program of delegitimization and hate so they can realize the benefits of the UC system.
Under a legal theory known as the unconstitutional conditions doctrine, this kind of choice is patently unconstitutional.
An unconstitutional condition exists where “government offers a benefit on condition that the recipient perform or forego an activity that a preferred constitutional right normally protects from government interference.”
All three basic elements of this doctrine are met by UC’s ethnic studies proposal:
First, there must be someone or something (such as a governmental entity, like a state, or a corporate entity) with rights protected by the Constitution. Second, the government has to choose to provide a benefit where it is not otherwise required to do so. Finally, the government must condition the provision of the benefit on the rightsholder waiving its right.
In the case of the ethnic studies proposal, it’s clear that the unconstitutional condition is most applicable to situations where Jewish private schools, particularly those that include instruction on ethnic and religious identity and pride, will be forced to include teaching that is dictated or guided by a group promoting antisemitism.
Jewish private schools would be forced to include teaching that is dictated or guided by a group promoting antisemitism.
Many parents choose private schools specifically to ensure that their children have a positive sense of identity and knowledge of their backgrounds, as well as the best education in traditional topics, with the additional goal of qualifying for admission to the University of California system. The ethnic studies proposal is a regulation that will impact hardest ethnic and religious minority groups, especially those with a lower income, as the University of California system often represents the only affordable option for quality higher education. It would be difficult to find a more pernicious abuse of governmental power.
The imposition of unconstitutional conditions by government, especially on a critical right such as higher education, is a fundamental attack on the freedoms guaranteed by the Constitution.
The proposed ethnic studies requirement is a textbook example of an unconstitutional condition.
The proposed ethnic studies requirement is a textbook example of an unconstitutional condition. Parents hold the right to provide an education for their children (and private schools hold the right to determine what they teach), the government benefit is taxpayer funded higher education available to all state residents (including a guarantee of admission for the top 9% of students) and the government will condition the government benefit on the students being indoctrinated in materials that strike at the heart of their identities, in violation of the First Amendment’s guarantees with regard to expression and religion.
The ethnic studies proposal is meant to remedy what some see as a system that has institutionalized discrimination. There are many ways to combat such discrimination, but state-mandated discrimination must not be one of them.
Marc Greendorfer is the President and co-founder of Zachor Legal Institute, a non-profit civil rights advocacy organization combating discrimination.
UC Admission Mandate is Not Just Biased Against Jews, it’s Also Unconstitutional
Marc Greendorfer
As horrible as discrimination is, it is even worse when it is mandated by the government, which is exactly what a proposal by the University of California (UC) currently under consideration by the UC Academic Senate would result in if adopted.
The University of California is considering a proposal that would have the effect of not only requiring students to be indoctrinated in bias but also subjecting those students to a program that delegitimizes their very existence. The proposal is one that on its face is innocuous, but it is designed to ensure that one group that has a long track record of promoting antisemitism may be in charge of creating and helping to implement a course in ethnic studies that will become a requirement for admission to California’s flagship university system (one that is paid for by California taxpayers).
While forcing students to learn to hate themselves is reprehensible as a matter of policy, we believe it is also a violation of the First Amendment.
Many families in California expect that their children will have an opportunity to attend a UC campus and, in fact, admission to a UC campus is a legal right for each student in the top 9% of their class. The proposed new admissions requirement for the University of California, however, will require that each prospective UC student complete a high school ethnic studies course that will likely be in line with a model curriculum that is openly antisemitic. As a result, California high schools are expected to require completion of this curriculum, including private Jewish schools.
This will force parents to make a choice for their children: give up the right to attend the University of California or be subjected to a program of delegitimization and hate so they can realize the benefits of the UC system.
Under a legal theory known as the unconstitutional conditions doctrine, this kind of choice is patently unconstitutional.
An unconstitutional condition exists where “government offers a benefit on condition that the recipient perform or forego an activity that a preferred constitutional right normally protects from government interference.”
All three basic elements of this doctrine are met by UC’s ethnic studies proposal:
First, there must be someone or something (such as a governmental entity, like a state, or a corporate entity) with rights protected by the Constitution. Second, the government has to choose to provide a benefit where it is not otherwise required to do so. Finally, the government must condition the provision of the benefit on the rightsholder waiving its right.
In the case of the ethnic studies proposal, it’s clear that the unconstitutional condition is most applicable to situations where Jewish private schools, particularly those that include instruction on ethnic and religious identity and pride, will be forced to include teaching that is dictated or guided by a group promoting antisemitism.
Many parents choose private schools specifically to ensure that their children have a positive sense of identity and knowledge of their backgrounds, as well as the best education in traditional topics, with the additional goal of qualifying for admission to the University of California system. The ethnic studies proposal is a regulation that will impact hardest ethnic and religious minority groups, especially those with a lower income, as the University of California system often represents the only affordable option for quality higher education. It would be difficult to find a more pernicious abuse of governmental power.
The imposition of unconstitutional conditions by government, especially on a critical right such as higher education, is a fundamental attack on the freedoms guaranteed by the Constitution.
The proposed ethnic studies requirement is a textbook example of an unconstitutional condition. Parents hold the right to provide an education for their children (and private schools hold the right to determine what they teach), the government benefit is taxpayer funded higher education available to all state residents (including a guarantee of admission for the top 9% of students) and the government will condition the government benefit on the students being indoctrinated in materials that strike at the heart of their identities, in violation of the First Amendment’s guarantees with regard to expression and religion.
The ethnic studies proposal is meant to remedy what some see as a system that has institutionalized discrimination. There are many ways to combat such discrimination, but state-mandated discrimination must not be one of them.
Marc Greendorfer is the President and co-founder of Zachor Legal Institute, a non-profit civil rights advocacy organization combating discrimination.
Did you enjoy this article?
You'll love our roundtable.
Editor's Picks
Israel and the Internet Wars – A Professional Social Media Review
The Invisible Student: A Tale of Homelessness at UCLA and USC
What Ever Happened to the LA Times?
Who Are the Jews On Joe Biden’s Cabinet?
You’re Not a Bad Jewish Mom If Your Kid Wants Santa Claus to Come to Your House
No Labels: The Group Fighting for the Political Center
Latest Articles
A Bisl Torah ~ Are You Paying Attention?
A Moment in Time: The Israeli Election – Counting Votes, Building Bridges
Rabbis of LA | Rabbi Rembaum on Life Without Fredi
‘You Can See Everything’: Holmes on the Range
Ruby Red Beet Kubbah
A Jewish Victory
Trusting G-d’s Plan ft. Elaine Chaya
Zion Ozeri’s Photographs Reveal the Many Faces of Jewish Identity
His photographs portray Jews shaped by different cultures, histories and traditions while revealing the connections that unite them.
Milken School Opens Jan Koum Campus in Bel Air
The site is now home to Milken’s Upper School, serving students in grades 9 through 12, and expands the school’s footprint across its three campuses to 28 acres.
For Teens, Israel Travel Is Not the End Goal. Jewish Peoplehood Is.
A well-designed Israel experience cannot resolve every question. But it can give young people context, relationships, language, and a sense that they belong to a people and a story larger than themselves.
El-Sayed, Mélenchon, and the Future They Portend
Some have accused me of anti-Muslim bias. Let me answer that plainly: I have none. My issues with El-Sayed would be the same whether he were Jewish, Christian, Hindu or Baha’i.
Unbreakable Blue Thread: Reclaiming Our Past and Our Future
I write to you, all you first and second generations, and I assure you from generations five, six and seven that if we keep doing what we need to do, if we stand together, keep our traditions, educate ourselves in our ancient wisdom, keep Hebrew spoken and sung in our midst, we will not only endure. We Jews will thrive.
Unstuck in the Middle with You
Kwall, the Raymond P. Niro Law Professor at DePaul University College of Law, argues for a center defined by enough common commitments to make communal life possible.
Sewage Without Borders
Israel’s water security depends on what flows into the sea on the other side of all of them, and our water policy should start from that reality.
Torah Portion: Vayera
The parsha ends with the binding of Isaac, the Akeida, probably the darkest chapter in the entire Torah.
Gene Lichtenstein, August 15, 1930-October 18, 2026
Mr. Lichtenstein edited the Jewish Journal of Los Angeles from 1986 until 2000.
Let Them Talk
If we want our younger generations to love our faith, our culture, and our peoplehood, we need to be welcoming when they show interest and have a spark of curiosity.
A Wild and Improbable Story Hits Israel
It turns out that claim about Israel being a democracy wasn’t just propaganda. The two million Arabs who live in the world’s only Jewish state really do have the power to vote.
Why I Came to Vote in Israel
My journey to the ballot box was circuitous. The path I hope Israel will follow is derech Adonai: the way of righteousness and justice.
Bibi’s Battle
Overall, the anti-Netanyahu bloc is projected to win 53 seats, while the Netanyahu-led right-wing religious bloc is projected to win 50. Both are expected to fall well short of a 61-seat majority.
Bibi and Gadi
Let’s consider how Netanyahu and Eisenkot would govern differently given their many similarities on international and security matters.
Riots in France, Balagan in Israel
Suddenly, after years of lecturing Israel about being “too violent,” Macron was calling in his army to deal with out-of-control rioters, declaring that “those who sought to bring down the Republic will be held accountable.”
California Governor Election Preview: Xavier Becerra vs. Steve Hilton
Up (and Down) In Michigan
A report on the Jewish nostalgia for a political home in the lead up to Michigan’s elections.
Highest Turnout Ever Recorded in Israel as Ballots Are Cast to Decide Netanyahu’s Fate
The first parliamentary election since Oct. 7, 2023, pits Benjamin Netanyahu’s coalition against Gadi Eisenkot’s ideologically diverse opposition, with neither bloc expected to secure a governing majority.
Can a Day of Political War Be a Day of Sacred Prayer?
Sleep-deprived and anxious, I called my friend Yossi Klein Halevi in Jerusalem in the hope that it might bring some relief to my nervous system.
More news and opinions than at a Shabbat dinner, right in your inbox.