ABA reverses course on diversity requirements for law schools

The American Bar Association (ABA) announced plans to keep references to “race and ethnicity” in its diversity requirements for law schools, reversing a proposed change that had faced criticism from legal educators. The ABA’s reversal follows widespread feedback that removing such terms could hinder efforts to recruit a diverse population of law students and faculty members, according to a Reuters report.

The ABA’s Council of the Section of Legal Education and Admission to the Bar will review a second revised version of the diversity standard, now proposed as the “Access to Legal Education and the Profession” standard, on Friday. The council is reconsidering its initial revision, which had aimed to align the diversity rule with a recent Supreme Court ruling that barred the consideration of race in college admissions, as noted in a Nov 1 memo from the committee that drafted the revision.

Under the current diversity and inclusion standard, law schools are required to provide “full opportunities” for “racial and ethnic minorities” and promote diversity within their student body. In August, the council introduced a first revision, proposing language that removed specific references to race and ethnicity, stating only that schools should provide access to “all persons, including those with identities that historically have been disadvantaged or excluded from the legal profession.” This revision prompted concerns that it could dilute the ABA’s stance on diversity.

A coalition of 44 law school deans voiced strong opposition to the initial proposal, arguing in a September letter that it scaled back diversity requirements beyond what was necessary under the Supreme Court’s ruling. The deans warned that the proposal could send a negative signal about the value of diversity within legal education and the legal profession.

The new revision reintroduces specific language, calling for “concrete action” by law schools to promote diversity, naming groups that have historically been underrepresented in the field, including people who have faced discrimination based on race, color, ethnicity, religion, gender, sexual orientation, age, disability, and socioeconomic background. The proposal also acknowledges Native American tribal citizenship and military status as categories to be considered in diversity efforts.

If the ABA council approves the revised proposal, it will enter a second phase of public commentary before a final decision is made.