In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently.

Harry A. Blackmun's quote, "In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently," addresses the complex relationship between race, equality, and justice. Blackmun is arguing that in order to truly move past racism, society must first acknowledge and understand the realities of race and its impact. Ignoring or pretending that race does not matter only perpetuates inequality. His statement acknowledges the existence of systemic racism and suggests that addressing it requires an honest conversation about race, rather than simply ignoring it.

The second part of the quote, "in order to treat some persons equally, we must treat them differently," is an important statement about affirmative action and social justice. Blackmun suggests that achieving true equality does not mean treating everyone the same, but recognizing that certain groups, particularly those who have been historically oppressed, may require special consideration or remedial action in order to level the playing field. This idea supports the notion that equal treatment does not always mean the same treatment, but rather addressing the specific needs of disadvantaged groups to ensure that they have the same opportunities.

The origin of this quote comes from Blackmun’s judicial philosophy during his tenure on the U.S. Supreme Court. Blackmun was a strong proponent of civil rights and affirmative action, particularly during the 1970s and 1980s when the court was ruling on cases related to race and equality. His perspective reflects a pragmatic and reformist approach to law—one that recognizes that equality cannot be achieved simply by applying the same rules to everyone without considering the historical and social contexts that have shaped people’s lives.

Ultimately, Blackmun’s statement challenges the simplistic view of equality and calls for a more nuanced understanding of justice. He insists that in order to move beyond racism, society must actively confront the impact of race and take specific steps to address inequities. This approach, while controversial in some circles, advocates for a deeper commitment to social change that goes beyond surface-level equality, focusing on real, substantive measures to ensure fair treatment for all.