California Prohibits Legacy Preferences in College Admissions

A new law bars both public and private universities from privileging children of alumni in college admissions.

In debates over whether universities should (or should be allowed to) consider race in admissions, it is often pointed out that many universities give preferences to the children of alumni and university donors. It is also fairly noted that such preferences may have racially disparate effects (particularly at institutions that were formerly segregated).

As a legal matter, however, race-based preferences more suspect than other admissions preferences. Under current 14th Amendment's Equal Protection Clause doctrine, the consideration of race by state institutions is inherently suspect (and this standard has been applied to private universities through federal law). Not so many other characteristics that may be used in university admissions processes—including relationships to alumni and benefactors.

Earlier today, California Governor Gavin Newsom signed a measure to prohibit legacy and donor preferences in college admissions throughout the state. Of note, the law will apply to both public and private universities, but does not impose meaningful penalties.

From a Politico report:

California's law, which will take effect Sept. 1, 2025, is the nation's fifth legacy admissions ban, but only the second that will apply to private colleges. . . .

Like other states, California won't financially penalize violators, but it will post the names of violators on the state Department of Justice's website.

California will also add to data reporting requirements that it implemented in 2022, when private colleges had to start sharing the percentage of admitted students who were related to donors and alumni. Schools that run afoul of the new law will also have to report more granular demographic information about their incoming classes to the state, including the race and income of enrolled students as well as their participation in athletics. . . .

Public universities in California won't be affected by the change. California State University does not consider legacy or donor ties, and the University of California system stopped doing so in 1998, two years after California voters banned race-conscious admissions through a statewide ballot measure.