The Federal Anti-Discrimination Law criteria comes from both the Equal Protection Clause of the U.S. Constitution and Section 2 of the Voting Rights Act. In sum, the school board is prohibited from using race as a predominate factor when drawing its district lines unless it has a strong basis of evidence that Section 2 of the Voting Rights Act demands it.
Section 2 of the Voting Rights Act prohibits the School Board from denying or abridging the right to vote on account of an individual’s race, color, or status as a member of a language minority group.
“Language minority group” is defined by Congress to specifically mean persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.
A voting practice or procedure violates Section 2 of the Voting Rights Act if, based on the
“totality of the circumstances”, it provides a minority population with less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.
The courts go through a three (3) factor test and several other considerations in order to determine whether a plaintiff could make a successful claim that a government’s district boundaries violate Section 2 of the Voting Rights Act occurred. The three (3) factor test asks:
- Whether the minority population is sufficiently large and geographically compact enough to constitute a majority in a reasonably configured district;
- Whether the minority population is politically cohesive; and
- Whether the white majority votes sufficiently as a block to usually defeat the minority population’s preferred candidate.