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It will not pass, but it will help keep Ms Cheney's party a minority preference among America's gays.
In fact, the Viacom deal gave the minority preference a bad odor, and when Newt Gingrich's new House majority seized on the issue as an example of the failure of affirmative action, relatively few white Democrats tried to preserve the benefit.
Like many Europeans, you risk being seduced by what is (for you) the exotic nature of Christian fundamentalism into believing that it is something other than a minority preference in America, and one whose number of adherents is almost certainly in decline.You are similarly credulous when you say that America is relatively "conservative about sex".
True, having the administration argue that the law is unconstitutional wouldn't guarantee that the Supreme Court would strike it down: in 1990, for example, the Supreme Court upheld a federal minority preference program even though the acting solicitor general (and future Supreme Court chief justice), John G. Roberts Jr., argued it was unconstitutional.
Even agencies that support minority preference may balk because the evidence for these programs is weak.
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Clearly, mine are minority preferences.
Even affirmative action is viewed suspiciously; in one Gallup poll, 74% of blacks were opposed to minority preferences in hiring.
Part of the internal struggle on the court now may be over just how tightly it meant to draw a curtain over the general subject of minority preferences.
(Other surveys that frame the question in terms of giving minorities "preference" find less support).
Affirmative action can mean giving blacks and other minorities preference in competition for jobs, contracts or admission to colleges.
As Colorado's attorney general until 1999, Ms. Norton declined to defend the state in a lawsuit challenging a minority-preference rule for highway contracts, a rule that she said she could not support.
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