Thursday, May 2, 1996

Civil Rights Groups Blast Morales By PEGGY FIKAC
Associated Press

AUSTIN - Infuriated civil rights advocates Wednesday blasted Attorney General Dan Morales over remarks they say hurt the battle for equal rights by mischaracterizing affirmative action as unfair discrimination.

They also said a petition filed by Morales with the U.S. Supreme Court, appealing an anti-affirmative action decision on university admissions, is partly aimed at stemming lawsuits against Texas officials over civil rights.

Meanwhile, Gov. George W. Bush said if the state loses the appeal, "I believe there is a constructive way for all our universities and others to design programs that are inclusive in nature that don't necessarily have to include race."

Bush said such factors as income level and a person's background could be considered, adding: "I believe we ought to do everything in our power to make sure that our university systems are not exclusive, but I think there's a positive way that we can react ... in a way that does not have any kind of discrimination."

Jim Harrington of the Texas Civil Rights Project said Morales turned the filing of the state's appeal "into a cheap, political maneuver rather than dealing with this (affirmative action) as a moral issue in our society."

Jeff Travillion of the National Association for the Advancement of Colored People called Morales "a disgrace to the movement that made his opportunity possible."

Other groups criticizing Morales included the Mexican American Legal Defense and Educational Fund, National Organization for Women and Hispanic Association of Colleges and Universities.
Morales, one of two Hispanics elected to statewide office in Texas, drew the criticism one day after he announced Texas' appeal of the affirmative action decision by a three-judge panel of the 5th U.S. Circuit Court of Appeals.

The March ruling struck down the University of Texas Law School's admissions policy in a lawsuit by four white applicants, saying UT had failed to justify favoring some racial groups.

While contending universities should be allowed to consider race as one of many factors, Morales said that university admissions should be based on individual merit.

He said past discrimination can't be remedied by new discrimination, and that it's wrong to give someone an "automatic advantage" based only on skin color.

The civil rights groups, while agreeing with Morales' decision to appeal the 5th Circuit ruling, took issue with his comments.

They said affirmative action hasn't been used in the way he described, and that Morales may have hurt the state's case if his remarks come to the Supreme Court's attention.

While the groups focused mainly on Morales' public comments, rather than his written appeal, lawyers Harrington and Al Kauffman of MALDEF took issue with part of the state's petition on Title VI of the Civil Rights Act of 1964.

Title VI includes a section that prohibits discrimination based on race, color, or national origin by educational institutions receiving federal funds. The lawyers said Morales argues the state can't be sued under Title VI, which was used by the four white plaintiffs.

"He has a greater agenda, and that's that we can't sue Texas officials for civil rights violations. ... We won't be able to go to court to enforce the desegregation of public schools," Harrington said.
Morales' office didn't have an immediate response to the Title VI issue.

In a statement, Morales addressed the other concerns by saying he respected the groups' right to disagree with him, but reiterated, "We will never overcome past discrimination by practicing discrimination today."