OCTOBER 2009

Readers agree with Justice Sonia Sotomayor

By Janna Charles

How much does your diversity (i.e., gender, ethnicity, background, experience) influence your worldview and your decisions?

This issue raised a storm of controversy during the hearings leading up to the confirmation of U.S. Supreme Court Justice Sonia Sotomayor.

We decided to ask our readers what they thought about this question in our August 2009 Quick Poll. The overwhelming majority of respondents said their diversity either "Completely" (47 percent) or "Somewhat" (40 percent) influenced their worldviews and decisions. Eleven percent said "Not at all," while three percent indicated they "Didn't know."

These quick-poll results are especially relevant now that Justice Sotomayor, whose remarks and views have continued to elevate the conversation about the role of diversity in judicial decision-making, has taken her seat on the bench.

Especially controversial was Sotomayor's statement in a 2001 speech that stated, "a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." Sotomayor has also made clear her opinion that "gender and national origins may and will make a difference in our judging," and has questioned whether judicial impartiality "is possible in all, or even most, cases." She has even suggested that, "by ignoring our differences as women or men of color we do a disservice both to the law and society."

Our readers tended to agree with Justice Sotomayor.

Comments like these color the political scene and inspire discussion about the meaning and significance of diversity in the broader social realm. Especially controversial in the political context, these statements seem to challenge the notion of judicial impartiality. Justices typically strive to remain as objective as possible when deciding the outcome of a case, believing it is the only just way of making decisions. The concept of impartial judgment is associated with the unbiased observation of fact; a decision arrived at through sober debate, untainted by personal desires and whims. But is this degree of neutrality possible or even desirable?

When individuals assume that their decisions are wholly or even mostly objective, this can cause problems in all realms of society, though the stakes may arguably be higher on the federal bench. The "objective" judges of the past were often older white men that made notorious rulings perpetuating racial and sexual discrimination. Drastic improvements have been made over the course of history, but these problems are not obsolete. If they were, society would have a drastically different face free of marginalization, discrimination and other blemishes of both covert and overt bias. Though the task of achieving true objectivity seems impossible, there are certainly ways to come to a just decision among conflicting perspectives. The process begins by acknowledging difference and working to understand its subtleties through education and interaction with diverse perspectives.

Objectivity is desirable; however, it's also important to see the value of a multi-faceted conversation composed of many unique, not-so-objective perspectives that can arguably enrich the decision-making process. Acknowledging the fact that individuals -- judges included -- have partial tendencies can help us recognize our own shortsightedness. Even the word individual suggests the presence of a unique worldview -- complete with unique biases. If we acknowledge that all individuals carry these unique worldviews, then we can attempt to debate and reconcile them.

In any case, the recognition of difference is important to all individuals in society. Arguably, the stakes are higher when it comes to those who make decisions and speak for the worldviews of the nation. Sotomayor herself says that she continuously questions her own "opinions, sympathies and prejudices," a process that is the first step towards reaching just decisions. Whatever the case, it is important to acknowledge and analyze the roots of our worldviews and decisions and to gain insight into the perspectives of others. Whether it be in the nation's highest court, the workplace or even in our own neighborhoods, awareness and appreciation of diversity is important and enriches our understanding.

Editor's note: Every other month, DiversityCentral.com posts a new Quick Poll to gather data about people's opinions on diversity and cultural issues. Starting this month, we're providing this special feature on our Quick Poll Data. You'll find the previous month's data as well as the data from the two preceding months. Data prior to the last three months is archived in Cultural Diversity at Work Archive.

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