Legal Challenge Against Racial Quotas in South Carolina’s Minority Affairs Commission Raises Equality Questions

COLUMBIA — Legal Battle Brews Over Racial Quotas in South Carolina’s Minority Affairs Commission

The atmosphere is getting a bit tense in Columbia, South Carolina, as a legal tussle unfolds over the state’s Commission for Minority Affairs (CMA). A mixed-race woman from Horry County, named Sandy Chiong, has stepped up to the plate, filing a federal lawsuit that challenges a law requiring the commission’s members to have a majority who are African American. Chiong argues that this law is akin to an “unlawful racial quota” that violates her rights as a citizen.

The Issue at Hand

Chiong claims she was essentially told “thanks, but no thanks” when she expressed interest in joining the commission, which currently has three vacant seats and two expired terms. The reason? State law requires that the board has to have at least two out of five members who are African American to fit the “majority Black” rule. This puts Chiong, who identifies with Chinese, Cuban, and Spanish ancestry, at a distinct disadvantage, as she believes her qualifications should outweigh considerations of race.

“The ability to serve on the Commission for Minority Affairs should be based on qualifications, not race,” Chiong states in her lawsuit, adding that the 14th Amendment of the Constitution should ensure all citizens are treated as individuals instead of members of a racial group.

The Bigger Picture

The CMA was founded back in 1993 to address socio-economic inequalities affecting African American communities. The law requiring the majority of its commission members to be African American was put in place when the agency expanded to include other ethnic minorities. In South Carolina today, around 26 percent of residents identify as Black, while the Hispanic, Asian, and Native American populations make up much smaller figures.

The legal challenge filed by Chiong is part of a larger national movement against similar policies that promote racial representation in government. This movement has gained traction recently, especially after court cases at the national level questioned the constitutionality of such quotas.

What’s Next?

While both the CMA and Governor Henry McMaster’s office have chosen to remain silent on the matter, legal experts believe this case could open a Pandora’s box regarding racial quotas in government positions. Chiong’s attorney, Caleb Trotter, claims that these quotas are discriminatory and violate the equal protection clause of the 14th Amendment.

Trotter mentioned in an interview, “When the government uses race as a factor in decision-making, it creates equal protection problems.” He challenges the idea that laws promoting diversity are inherently beneficial, arguing they may have unintended consequences.

Chiong’s Background

Chiong isn’t just a name in a lawsuit; she’s also quite involved in conservative politics. She served as a South Carolina delegate to the Republican National Convention back in 2016 and is part of various conservative groups, including South Carolina Parents Involved in Education. This group has voiced opposition against the teaching of “critical race theory” in schools across the state, indicating that Chiong is no stranger to controversial topics.

Looking Ahead

As South Carolina grapples with issues of race, inclusion, and equality, this legal case promises to stir up discussions about how best to ensure representation without steering into racially driven quotas. The outcome could not only impact the CMA but also set a precedent for similar commissions and boards across the nation.

Stay tuned as we follow this developing story which continues to unfold in the historic streets of Columbia.