Washington
How Fisher v. University of Texas at Austin applies in Washington: state-specific rules, key cases, and bar exam notes for Constitutional Law.
Washington has generally supported affirmative action policies in education, provided they meet strict scrutiny standards. While the state constitution prohibits affirmative action in public contracting and employment, educational institutions may still consider race as one factor in a holistic admissions process.
In Washington, the application of affirmative action in higher education must comply with the strict scrutiny standard, allowing for consideration of race among other factors as part of a comprehensive review of an applicant's achievements and potential.
The Washington Supreme Court held that school districts could not use race as a criterion for assigning students to schools but allowed diversity to be a factor in admissions.
The court ruled that universities must not discriminate on the basis of viewpoint when distributing funds and that all eligible student organizations should be treated equally.
This case reaffirmed that all students, regardless of race, must be treated fairly in admissions, consistent with federal and state constitutional obligations.
Washington's approach to affirmative action in education aligns with the U.S. Supreme Court's strict scrutiny standard established in Fisher. However, Washington's state constitution imposes broader restrictions on affirmative action initiatives in public contracting and employment that may not be present at the federal level.
Understanding the nuances of Fisher in the context of Washington's law is essential for the bar exam, particularly regarding concepts of equal protection and affirmative action.