"The Supreme Court, by a vote of 6 — 2, has upheld a Michigan law banning the use of racial criteria in college admissions, finding that a lower court did not have the authority to set aside the measure approved in a 2006 referendum supported by 58% of voters. 'This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it,' wrote Justice Anthony Kennedy. 'Michigan voters used the initiative system to bypass public officials who were deemed not responsive to the concerns of a majority of the voters with respect to a policy of granting race-based preferences that raises difficult and delicate issues.' Kennedy's core opinion in the Michigan case seems to exalt referenda as a kind of direct democracy that the courts should be particularly reluctant to disturb. This might be a problem for same-sex marriage opponents if a future Supreme Court challenge involves a state law or constitutional amendment enacted by voters.

Justice Sonia Sotomayor reacted sharply in disagreeing with the decision in a 58 page dissent. 'For members of historically marginalized groups, which rely on the federal courts to protect their constitutional rights, the decision can hardly bolster hope for a vision of democracy (PDF) that preserves for all the right to participate meaningfully and equally in self-government.' The decision was the latest step in a legal and political battle over whether state colleges can use race and gender as a factor in choosing what students to admit. Michigan has said minority enrollment at its flagship university, the University of Michigan, has not gone down since the measure was passed. Civil rights groups dispute those figures and say other states have seen fewer African-American and Hispanic students attending highly competitive schools, especially in graduate level fields like law, medicine, and science."