Living with Moral Disagreement Living with Moral Disagreement The Enduring Controversy about Affrmative Action M I C H E L E S . M O S E S The University of Chicago Press Chicago and London Michele S. Moses is professor of educational foundations, policy, and practice and associate dean for graduate studies in the School of Education at the University of Colorado Boulder. She is the author of Embracing Race and coeditor of Affrmative Action Matters. The University of Chicago Press, Chicago 60637 The University of Chicago Press, Ltd., London © 2016 by The University of Chicago All rights reserved. Published 2016. Printed in the United States of America 25 24 23 22 21 20 19 18 17 16 1 2 3 4 5 ISBN-1 3: 978-0 -2 26-3 4424-9 (cloth) ISBN-1 3: 978-0 -2 26-3 4438-6 (paper) ISBN-1 3: 978-0 -2 26-3 4441-6 (e-b ook) DOI: 10.7208/chicago/9780226344416.001.0001 Library of Congress Cataloging-i n-P ublication Data Moses, Michele S., author. Living with moral disagreement : the enduring controversy about affrmative action / Michele S. Moses. pages ; cm Includes bibliographical references and index. ISBN 978-0 -2 26-3 4424-9 (cloth : alk. paper) — ISBN 978-0 -2 26- 34438-6 (pbk. : alk. paper) — ISBN 978-0 -2 26-3 4441-6 (e-b ook) 1. Affrmative action programs in education—U nited States. 2. Affrmative action programs in education—G overnment policy—U nited States. 3. Educational equalization—U nited States. 4. Education and state—U nited States. 5. Discrimination in education—U nited States. I. Title. LC213.52.M67 2016 379.2’60973—d c23 2015022450 ♾ This paper meets the requirements of ANSI/NISO Z39.48-1 992 (Permanence of Paper). This book is dedicated to Chris, my love. C O N T E N T S Acknowledgments / ix O N E / “Who Isn’t for Equality?” / 1 T WO / The Case of Affrmative Action Policy / 10 T H R E E / The Nature of Moral Disagreement: Conficting Ideals? / 23 F O U R / Ballot Initiatives, Moral Disagreement, and Ideas of Equality / 54 F I V E / Deliberative Democracy and Policy Dialogue (with Lauren P. Saenz and Amy Farley Lobue) / 67 S I X / What Should We Do about Profound Moral Disagreements over Education Policy? / 89 Appendix A / Pre-Q uestionnaire / 99 Appendix B / Post-Q uestionnaire / 103 Appendix C / Post-P ost-Q uestionnaire / 107 Appendix D / Follow-U p Interview Protocol / 111 Notes / 113 References / 117 Index / 131 A C K N OW L E D G M E N T S My father died suddenly while I was writing this book. In so many ways it was he who inspired my love of philosophy—n ot explicitly, perhaps, but in spirit—w ith his persistent questioning of my ideas and arguments, often challenging, sometimes fat-o ut disagreeing, but always open to learning something from his little girl. I miss him every day. Disagreement. It can certainly be negative, but what comes along with it in the best of circumstances—d ialogue, discussion, deliberation, greater understanding—a re crucial parts of democracy. It is these things I hope we can foster when moral disagreements about education policy surface, par- ticularly about race-c onscious policies like affrmative action, which is the central policy discussed in this book. While of course the ideas, mistakes, and arguments herein are mine alone, I would like to acknowledge the support I have received along the way: intellectual, fnancial, professional, and personal. In the frst stages of this work, I was fortunate to have a National Academy of Education / Spen- cer Foundation Postdoctoral Fellowship, as well as a small grant from the National Forum on Higher Education for the Public Good. Later research grants from the Spencer Foundation and the University of Colorado Boul- der LEAP, Grant-i n-A id, Center to Advance Research and Teaching in the Social Sciences Scholars Fund, and IMPART grants programs made the de- velopment of this book manuscript possible. I want to thank my dean at the University of Colorado Boulder School of Education, Lorrie Shepard, who was always fexible when I needed writing time, even when as one of her associate deans, she needed my assistance on administrative or student matters. She has been in my corner since I was a new doctoral student in her Doctoral Seminar course. I am proud to say that she is a dean who supports humanities-o riented scholarship in an education research culture increas