Guest Post: From Candidate to Law Student: Collaboration and Collective Efforts to Support LGBTQ+ Inclusion

Guest Post: From Candidate to Law Student: Collaboration and Collective Efforts to Support LGBTQ+ Inclusion

Elizabeth Bodamer, J.D., Ph.D. (she/her/ella)
Director of Research
Law School Admission Council, Inc. (LSAC)

Judi O'Kelley, J.D. (she/her/hers)
Chief Program Officer
National LGBTQ+ Bar Association (LGBTQ+ Bar)

The 2022 matriculant class in law school today is the most diverse class in the history of legal education. We have made progress, but there is more work to be done.

Diversity, equity, and inclusion efforts are needed not just at the admission stage, but throughout the prelaw-to-practice pathway. Law schools play a crucial role in creating an effective and supportive learning environment is important for everyone, particularly for LGBTQ+ students. LSSSE data shared in a blog post last year reveal that gender diverse and LGBQ law students were more likely than cisgender and straight students to report not feeling comfortable being themselves at their law schools.

Figure 1: Students Reporting Not Feeling Comfortable Being Themselves

Source: Data from the 2020 Law School Survey of Student Engagement Diversity and Inclusiveness Module. Data collected from over 5,000 law students across 25 law schools. LGBQ students represented about 14% of the sample and gender diverse students represented 1% of the sample.

It is within this context that LSAC and the LGBTQ+ Bar have worked to provide candidates, students, and law schools with data  about the experience of LGBTQ+ students in addition to information about the availability of LGBTQ+ inclusive policies, practices, supports and resources.

Surveys administered by LSAC and by the LGBTQ+ Bar have found that schools are making progress in supporting LGBTQ+ applicants, students, faculty and staff. For example, the LGBTQ+ Bar found that that 99 participating schools (96.1% of survey participants) self-report that they allow transgender and nonbinary students who have not legally changed their names to have their name-in-use reflected on applications and forms. This is a positive change from a number of years ago. The next stage of inquiry is whether schools are implementing these policies and practices in a way that improves the student experience. LSAC found that of the 110 schools who responded to their question about chosen name usage:

• 67% reported that students’ chosen names automatically appear on their orientation name tags and/or materials.
• 49% reported that students’ chosen names automatically appear on faculty class rosters, 41% reported that this action requires students to submit a request, and 5% reported that students’ chosen names cannot appear on faculty class rosters.
• Only a very small proportion of schools indicated that students’ chosen names automatically appear on their transcripts (15%) and diplomas (14%).
• Almost 40% of schools reported that students’ chosen names cannot appear on transcripts that can be sent to employers.
• Almost one-third of the schools reported that students’ chosen names cannot appear on their diploma.

Woven together, the work done by the LGBTQ+ Bar and LSAC reveal that while progress has been made in creating a more inclusive experience for LGBTQ+ students, there are areas for growth.

Supporting the LGBTQ+ community in legal education takes a collective effort. Today, we know that according to LSAC data, about 0.6% of the 2022 matriculant class self-identified as transgender, gender nonbinary, or genderqueer/gender fluid, and about 14% of the 2022 matriculants identified as LGBQ+ (i.e., not straight/heterosexual). We expect these numbers to continue to grow given the latest 2022 Gallup report that about 1 in 5 Gen Z adults identify as LGBTQ+. To support this new class and all future law students, LSAC and the LGBTQ+ Bar are collaborating to administer a joint 2023 LGBTQ+ survey to law schools. The goal is to combine our efforts to build on our robust resources and insights for applicants, current law students, and schools. In order to have impact, we must work together.

by LSSSE

A Critical Tool for Dean and Faculty Leaders

The job of a law school dean has changed. If once to be “successful... you need[ed] to be a distinguished scholar,” now the day-to-day responsibilities of a law dean are much more varied and complex. Just recently, a piece in Bloomberg Law explained that if the “[l]aw school dean once was a dream job . . . [t]hese days, the position is more like being chief executive of a sprawling business than a tweed-clad dispenser of constitutional wisdom.” A landmark Association of American Law School’s study on the American Law School Dean underscored that during the pandemic deans spent considerable time on crisis management, on issues related to diversity, equity, inclusion, and on topics of student life and student conduct. The pressures of continued intense hyper competition—whether that’s recruiting and retaining talented students, faculty, and staff; the complexity and demands of core operations, including admissions, career services, communications, finance, student services, among others; and the need to enhance the school’s research, teaching, and service missions, while navigating complex university labyrinths—in many ways reflects that higher education itself operates in a much more complex context than it once did.

As the role of the dean has become broader and more complex, the need for quality data upon which to track progress and base decisions has become more important. In the last decade, the resources available to law deans have expanded dramatically. AccessLex Institute’s Analytix, which aggregates ABA data about legal education, its research and data portal, and its annual legal education data deck are some of the best and most useful examples. The AALS compendium of data resources, the Law School Admission Council’s data on admissions and student recruitment, and the National Association of Law Placement’s research and statistics are others. In my own experience, when it comes to gauging student engagement and the student experience, few resources are more useful than the Law School Survey of Student Engagement (LSSSE).

LSSSE helps with data-driven decision-making. Schools that have consistently taken advantage of LSSSE now have a wealth of longitudinal information from over 17 years of surveys. I’ve found, however, that the survey also has a more straightforward function. If we care about our students and their experiences, why wouldn’t we want to track and measure student perceptions of that experience? And tracking those perceptions over time provides some indication of whether we’re making progress on our goals. Comparisons with other institutions are useful in creating benchmarks too. For standing faculty committees focused on curriculum, student support, or student success, LSSSE provides a way to take stock of how a school is collectively doing and whether the initiatives being implementing are moving the needle.

Personally, I have found it’s the bread-and-butter questions of the survey that are most helpful. How satisfied are our students in the career counseling, personal counseling, academic advising, financial aid counseling, as well as library and technology assistance they receive? How often and in what ways do our students interact with faculty? The responses don’t tell you as a dean or a faculty committee what to do, and the questions measure perceptions as much as anything, but the survey responses provide important insight into the extent our students are feeling supported, and whether we’re building the inclusive, rigorous academic community we want. And on a year-to-year basis, the survey provides red flags and early warning signals if there’s a sudden drop in an area. It also provides reasons for celebration and congratulations to staff over sustained improvement. Of course, if you care about fundraising, questions asking students to evaluate their overall law school experience, and whether if they could start over they would attend the same law school, are critical. And for being a dean in California, where the bar exam is notoriously exclusionary, the new AccessLex and LSSSE partnership that seeks to explore the connections between student engagement and bar performance is a welcome development.

I’ve found LSSSE useful in other ways too. For one, LSSSE’s special reports have been insightful on providing a perspective on issues that I care about, and that I know many of my dean colleagues care about too. The 2020 Annual Report, Diversity & Exclusion, or the special report on The Changing Landscape of Legal Education, which provides a 15-year retrospective, both come to mind. More pragmatically, as the ABA Section on Legal Education has required that schools track and assess outcomes, LSSSE and its Accreditation Report and Accreditation Toolkit provide near essential tools in demonstrating compliance with accreditation requirements. I’m puzzled how some schools—unless they are doing extensive annual surveying in a different form—are easily able to show compliance with all the new standards without using LSSSE.

LSSSE has been useful for another reason. LSSSE now houses the largest repository of law student data in the U.S. with over 400,000 responses over seventeen years. That’s a powerful tool for researchers, but it’s also just helpful for deans to do their jobs. It’s not enough for a law dean to know what’s happening in their own school. Alumni, provosts, presidents, and other stakeholders want to know trends in legal education. Having a broader, empirical view of the changes of legal education is useful to rebut persistent misinformation and caricatures about legal education.

LSSSE has shown how legal education has changed in the last seventeen years.  The surveys show that there’s room for innovation and improvement and that rising student debt remains a concern. Yet on balance the surveys tell a positive story of school success. Overall levels of satisfaction remain high, and schools have made progress in improving the quality of legal education and the commitment to student support. While variation between law schools can be significant, the surveys reveal an American legal education system that is increasingly diverse, has strong student services with engaged full-time teachers and scholars, and underscores that schools overall have strengthened their commitment to supporting students in their path to launching satisfying careers (with academic, career, and personal advising).

LSSSE is a valuable tool for deans. One that I’ve used consistently over the last decade, and one I will continue to use.

by LSSSE

Guest Post: What’s Actually At Stake in the SCOTUS Challenge to Race-Conscious Admissions

Shirley Lin, Assistant Professor of Law
Brooklyn Law School

Clara Williams ‘23
Brooklyn Law School

Consider the following hypothetical law school candidate.  She is a child of limited-English-proficient immigrants, growing up in a majority-minority neighborhood of Queens, New York.  Her community and adjoining zipcodes had been deprived of public investment for decades.  She and her siblings were the first in their household to graduate high school, then college.  Because of their race and ethnicity, they experienced harassment from a young age and, one of them, a violent beating in high school.  By the time she applied to law school, she took her first course in standardized testing just before her second and final attempt on the LSAT.  Co-author Professor Lin’s experience with affirmative action in higher education would have been markedly different if the Supreme Court decides to overturn four decades of precedent allowing schools’ admissions programs to consider race along with other factors.

After decades of being held up as a racial foil against other communities of color in racial politics—especially in debates over affirmative action—Asian American communities are wary of being used as pawns to undo efforts to address racial inequality.  After withstanding repeated challenges to affirmative action, in 2003, the Court reaffirmed the current doctrine that admissions programs may consider race among other factors that contribute to campus diversity in Grutter v. Bollinger.  In tandem appeals against Harvard and University of North Carolina, petitioner Students for Fair Admissions (or SFFA, led by a white affirmative action opponent, Edward Blum), now seeks to do so again in a bid to undo the practice of race-conscious admissions entirely.

Statistics are central to SFFA’s challenge on several levels: in evaluating how interested parties have positioned racial categories; in illustrating what is at stake; and in contextualizing the relevance of these appeals to legal education.  In fact, for nearly a decade, the majority of Asian American voters have supported affirmative action—today, at nearly 70 percent.  This includes the 6,000-member Harvard Asian American Alumni Alliance (H4A, representing all of Harvard’s Schools), which joined amici student and alumni groups supporting Harvard’s ability to consider race in its admissions process.  H4A has underscored that a racially diverse student body creates the best educational environment for everyone—including Asian Americans.

Emphasizing a consistent line of studies demonstrating that racial diversity increases tolerance and empathy across racial lines, the Asian American Legal Defense & Education Fund filed an amicus brief last month in support of the respondent universities, on behalf of 121 AAPI scholars and community group signatories (including Professor Lin).  Amici highlighted the meteoritic rise in anti-Asian American hate crimes, in particular extremely violent attacks and murders, that persist, in emphasizing the continuing relevance of the benefits of racial diversity that Grutter recognized two decades ago.

Numbering at least 24 million, Asian American communities are kaleidoscopically diverse even in terms of ethnicity and class stratification alone.  Asian Americans have undergone profound changes in the last two decades.  Their cultural and political experiences nationwide defy pat generalizations about race, phenotype, immigration status, religion, and experiences with language barriers.  For example, 12 of 19 subgroups by Asian origin analyzed by the Pew Center currently experience poverty at rates as high as—or above—the level for overall U.S. population.  Today, roughly 6 in 10 U.S.-born Asian Americans are members of GenZ (i.e., aged 22 or younger), and another 25% of the population considered Millennials.  Their experiences in schools (including legal education) defy the racial stereotypes of Asian Americans that formed a generation or two ago as the “model minority” who can simply, meritocratically, join the middle- or upper-middle-class.

Recent reports from the Law School Survey of Student Engagement (LSSSE) provide a far more accurate picture than the briefs provide.  For example, during the ongoing COVID crisis, concerns about access to adequate food and housing among Asian American law students were on par with Black and LatinX law students:

LSSSE, The COVID Crisis in Legal Education (2021)

Meanwhile, LSSSE’s 2020 report providing a 15-Year Retrospective reflects that, in the intervening time since Grutter and its subsequent increase in student racial diversity, students were twice as likely to report that their law school contributed to their understanding people of other racial or ethnic backgrounds— progressing from a paltry 23% to 45%:

These students’ experiences, of course, predate the ABA’s modest revision earlier this year of law school Accreditation Standard 303(c), which now states: “[a] law school shall provide education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and (2) at least once again before graduation.”

Taking time to drill down into the experiences of subgroups within Asian American communities yields a wealth of information about the similarities and, perhaps just as crucially, the divergent experiences of such a vast grouping.  For instance, Vietnamese American students are half as likely as Indian American students to have parents who received a college education.  Chinese students comprise 50% of the international students, who are generally not eligible for merit-based scholarships.

LSSSE, Diversity Within Diversity: The Varied Experiences of Asian and Asian American Law Students (2017)

Diversity Within Diversity (2017)

Most troubling is that, in its Harvard litigation, SFFA claims to be concerned with assisting AAPI applicants against “negative action” by proposing as an alternative affirmative action based solely on income.  Yet the group avoids acknowledging that such plans ultimately provide the greatest boost to white applicants—not racial minority applicants—because they do not account for additional systemic hurdles racial minorities from impoverished families face.  Meanwhile, a ruling that would prohibit the use of race while leaving in place “colorblind” practices that unfairly benefit wealthy white applicants belies SFFA’s professed concern for Asian American applicants.

Rather than confounding admission programs, our current doctrine on race-conscious affirmative action does not prohibit law schools or colleges from assessing the multiple dimensions of advantage and disadvantage as they intersect with race (including for white applicants).  To the contrary, it expects schools to assess individual applicants holistically.  Students of color—including Asian American students—overcome barriers to the profession compounded by race alongside class, disability, gender, and other dimensions of inequality.  Professor Lin’s first-hand experience with the inequities her family and neighbors faced remained central to her pursuit of legal advocacy, and now research and teaching, which investigate how law binds racial and economic injustice.  Her unlikely route to academia would scarcely have been possible without the nuanced, race-conscious approaches intact in current doctrine.

Nonetheless, conservative proponents of “colorblindness” will soon ask the Justices to discard nearly 50 years of settled law on race-conscious admissions programs in higher education.  At a time when debates over K-12 curricula foreground ideological attempts to silence all conversation about the ways in which race fosters systemic and institutional inequality, SFFA’s blunderbuss legal challenge has—at a minimum—reinvigorated examination of actual racial diversity so that legal academia, too, must take note.

by LSSSE