It looks like another set of judges has found a way around the will of the people.

In 1996, 54 percent of California voters said yes to Proposition 209, a constitutional amendment barring state and local governments from granting preferences to and discriminating against individuals or groups in public employment, public education, or public contracting based on factors like race and sex.

On March 17, California's First District Court of Appeal ruled that the Berkeley Unified School District's student assignment plan, which takes race into account, does not violate California's ban on racial preferences.

The district "integrates" elementary and magnet schools by considering income and education levels of parents and the race and ethnicity of "planning areas." Berkeley High School, the district's only government high school, offers a general curriculum and several specialized programs. The goal is for the programs to reflect racial and socioeconomic diversity of the high school, which means some students are denied admission based on the color of their skin.

The appeals court concluded that Berkeley's assignment plan "does not show partiality, prejudice, or preference to any student on the basis of that student's race. All students in a given residential area are treated equally—regardless of the student's individual race or other personal characteristics." Continued...