Letters: Affirmative action and equal protection

Re “Affirmative action and the law,” Editorial, Nov. 30

Your editorial fails to grasp the intent of affirmative action and equal protection in two respects.

You comment favorably on the U.S. 9th Circuit Court of Appeals’ ruling 15 years ago that contrasted “equal protection rights against political obstruction to equal treatment” with “equal protection rights against obstructions to preferential treatment.” But you miss the obvious: Preferential treatment is warranted to achieve equal rights for those who otherwise would not have them.

And saying that this debate over equal treatment under the law belongs in the “political sphere” shows a fundamental disregard for minority rights. Fundamental rights for minorities should never be subject to a vote. Protecting fundamental rights from the will of the majority is exactly what equal protection and the Bill of Rights are for.

Ken Goldman

Beverly Hills

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