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Comment by mutant_glofish

That's usually what the literal interpretation of the law would be. However, the courts have set the precedence so that it is more or less legal to consider race to increase "diversity". For example, see Regents of the University of California v. Bakke. [1]

With the recent SCOTUS ruling, things have changed a little bit. Unfortunately, that really doesn't prevent people from finding ways to get around the ruling. [2]

[1]: https://en.wikipedia.org/wiki/Regents_of_the_University_of_C...

[2]: https://www.wsj.com/articles/thomas-jefferson-high-school-fo...

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