California lawmakers passed AB 7, a bill that allows colleges—including public universities and private institutions—to give admissions preference to students who can prove they are descendants of enslaved people. The bill says these schools may consider this preference, rather than mandating it, and only if it doesn’t conflict with federal law. The goal is to address historic exclusion and systemic harm stemming from slavery.
Supporters of AB 7 argue it’s race‐neutral because it focuses on lineage—being descended from someone enslaved before 1900—rather than defining eligibility based on being Black or another protected race. They contend this avoids violating Proposition 209, a state constitutional amendment passed in 1996, which bans considering race, sex, ethnicity, or national origin in public schooling and employment.
Opponents counter that the criteria still act as a proxy for race and could invite legal challenges. They note Proposition 209 and recent Supreme Court rulings against race‑based admissions preference may make AB 7 vulnerable to lawsuits. Practical questions are also raised: How will applicants prove descendancy? What documentation is acceptable? How will verification be handled?
AB 7 is part of a broader legislative package this session that seeks to advance repair for slavery’s legacy. Other bills include establishing a bureau to certify descendants of slavery, offering home‑loan assistance programs set aside for them, and processes to address property loss tied to racially motivated eminent domain or other historical injustices.
Governor Gavin Newsom will soon decide whether to sign AB 7 and the related bills. If signed, they would reshape how admissions and other state benefits are allocated in California, and likely spark broader legal and constitutional debates over the boundaries of race‑neutral reparative policy.
