Shaw v. Reno, 509 U.S. 630, 14 (1993)

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Cite as: 509 U. S. 630 (1993)

Opinion of the Court

fications are in fact motivated by illegitimate notions of racial inferiority or simple racial politics." Richmond v. J. A. Croson Co., 488 U. S. 469, 493 (1989) (plurality opinion); id., at 520 (Scalia, J., concurring in judgment); see also UJO, 430 U. S., at 172 (Brennan, J., concurring in part) ("[A] purportedly preferential race assignment may in fact disguise a policy that perpetuates disadvantageous treatment of the plan's supposed beneficiaries").

Classifications of citizens solely on the basis of race "are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality." Hirabayashi v. United States, 320 U. S. 81, 100 (1943). Accord, Loving v. Virginia, 388 U. S. 1, 11 (1967). They threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility. Croson, supra, at 493 (plurality opinion); UJO, supra, at 173 (Brennan, J., concurring in part) ("[E]ven in the pursuit of remedial objectives, an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bears no relationship to an individual's worth or needs"). Accordingly, we have held that the Fourteenth Amendment requires state legislation that expressly distinguishes among citizens because of their race to be narrowly tailored to further a compelling governmental interest. See, e. g., Wygant v. Jackson Bd. of Ed., 476 U. S. 267, 277- 278 (1986) (plurality opinion); id., at 285 (O'Connor, J., concurring in part and concurring in judgment).

These principles apply not only to legislation that contains explicit racial distinctions, but also to those "rare" statutes that, although race neutral, are, on their face, "unexplainable on grounds other than race." Arlington Heights v. Metropolitan Housing Development Corp., 429 U. S. 252, 266 (1977). As we explained in Feeney:

"A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only

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