Education
Can You Create a Diverse College Class Without Affirmative Action?
After the Supreme Court effectively ended affirmative action in 2023, many selective colleges said they still prized racial diversity and planned to pursue it. But how might they do that?
To grasp the challenge, let’s look at one oversimplified illustration. These 10,000 dots represent the standardized test scores of a class of high school seniors nationwide, arranged by their parents’ income.
On average, students from families with more resources tend to do better on measures like the SAT.
Black and Hispanic students, who tend to be poorer and have less access to opportunity, often do worse.
If selective colleges admitted students by score alone — using, say, a 1300 cutoff — the pool would not be very diverse, by race or class.
Six percent of this hypothetical admitted class are low-income students, and 10 percent are Black or Hispanic.
Affirmative action policies helped colleges admit more Black and Hispanic students.
But admissions preferences based on race are no longer legal. To create a more diverse class, colleges could …
… move that cutoff line …
… or change the slope of it …
… or rethink it entirely.
“Low-income” refers to students in the bottom quarter of parent income distributions.
Selective colleges and universities can no longer use race-based preferences in admissions to create a more diverse student body. But what if they gave a break instead to lower-income students? Or those from high-poverty schools? Or those who do relatively well academically despite challenges all around them?
To explore those questions — and how much racial diversity is possible without “race-conscious” admissions — the Upshot worked with Sean Reardon, a professor at Stanford, and Demetra Kalogrides, a senior researcher there, to model four alternatives to affirmative action.
The scenarios shown here are based on the real-life academic and demographic characteristics of the high school class of 2013 in America, the most recent tracked over time by a large nationally representative survey. We used this data set, further adjusted to reflect the rising diversity of students in the decade since, to simulate a representative class of 10,000 high school seniors. We then modeled their admissions prospects to the group of colleges (Barron’s Tier 1 schools) that rank as the most selective in the country — and that have also been most affected by the Supreme Court’s ruling.
Throughout, we use SAT scores as a simplified measure of academic merit (after test scores fell out of favor with many colleges during the pandemic, several of the most selective schools have recently returned to requiring them).
Our models simplify the complex and often opaque ways that selective colleges craft admissions (we also reserve no seats for athletes on scholarship or legacy students). But even a stripped-down exercise shows why some approaches to admissions would probably yield more diversity than others, by both race and class.
Let’s start with the simplest model and build from there:
Scenario 1 of 4: A preference for poorer students
Here again is our simulated class of 10,000 high school seniors, further identified by race.
Only some apply to the most selective colleges, a relatively small tier of about 80 schools like Stanford, Penn and N.Y.U.
Here’s where the admissions policies kick in. First, we admit 500 students, roughly in line with admissions rates at selective colleges.
Now let’s give a 150-point SAT boost to the lowest-income students.
Use the buttons to explore what happens in this scenario as well as the ones below.
In this scenario, we give a moderate boost to applicants on a sliding scale according to their parents’ income: from an extra 150 points for students from the poorest families, to 0 points for students from the richest ones. This creates the slope of the cutoff line you see above.
Because each of our scenarios admits a fixed class of 500 students, the results are zero-sum: As some students are newly admitted, others who might have been admitted under different policies no longer are. The magnitude of that effect — and whom it touches — differs depending on the criteria.
In this case, as more low-income students are admitted, some high-income students with SAT scores just above 1300 no longer get in. That trade-off creates significantly more economic diversity, as this table shows:
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
Change in admitted class in Scenario 1
Race
Bottom 25%
25th–
50th50th–
75thTop
25%
White
–
–
–
–
Asian
–
–
–
–
Black
–
–
–
–
Hispanic
–
–
–
–
Other
–
–
–
–
The share of admitted students from the top income quartile falls by about 12 percentage points.
But the shifts toward racial diversity are modest. The Black student share rises by just one percentage point. Why? Black families are over-represented among poorer households in America, but in terms of total numbers, there are still many more poorer white households.
For this reason, income is a relatively weak proxy for race in admissions. A preference for lower incomes produces just that: students with lower incomes, not necessarily a much larger share of Black or Hispanic students.
In this scenario, a total of 13 percent of students in the admitted class are Black or Hispanic. For context, Americans of high-school-graduation age today are about 38 percent Black or Hispanic.
It’s also worth emphasizing that we are modeling who gets admitted, not who enrolls. And Black and Hispanic students are less likely to take that additional step — enrolling in a selective college that might be expensive or far from home, even if they get in.
Scenario 2 of 4: Adding school poverty
In addition to a preference for low-income students, what if we added a preference for those who attend higher poverty schools?
Admit students using …
This scenario takes the 150-point income preference in Scenario 1 and adds a second 150-point preference for students in higher-poverty schools, as measured by the share of students in that school receiving free or reduced-price lunch. A low-income student in a high-poverty school could get as much as a 300-point boost.
This produces even more economic diversity than the preference for parental income alone. And it further nudges up the share of admitted Black and Hispanic students.
Change in admitted class in Scenario 2
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
| Race | Bottom 25% | 25th– 50th |
50th– 75th |
Top 25% |
|---|---|---|---|---|
| White | – | – | – | – |
| Asian | – | – | – | – |
| Black | – | – | – | – |
| Hispanic | – | – | – | – |
| Other | – | – | – | – |
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
We know that students with equally low family incomes differ from each other in many ways. For example, low-income Black and Hispanic students are more likely than low-income white and Asian students to live in high-poverty neighborhoods and attend high-poverty schools.
And so if one goal of an admissions policy is to account for the compound disadvantages minority students often face, it may help to pull in more information: not just about their parents’ incomes, but also about their households, schools and neighborhoods.
Colleges could further hone a preference like this by pulling in more factors, including neighborhood poverty rates, parental education levels and parental wealth.
Do something like that, and “now you have a group of students who have overcome a lot more in life than the ones who have just been handed everything,” said Richard Kahlenberg, a researcher at the Progressive Policy Institute who has argued for this kind of robust class preference. He also served as an expert witness critiquing race-based admissions in the litigation that led to the Supreme Court decision.
Scenario 3 of 4: Finding the outliers
It’s possible to take the underlying idea in Scenario 2 and dial it up further, by identifying students who outperform their peers with similar disadvantages (or similar advantages).
Admit students using …
Here, we’re not just giving a boost to students who come from disadvantage. We’re rewarding students who perform better academically than other students with similar backgrounds.
This strategy identifies, for example, a student who has an 1100 SAT score — but whose score is 250 points above the typical student who also goes to a high-poverty high school and who has low-income parents who didn’t attend college. This strategy also discounts some of the wealthiest students whose 1400 scores look less impressive when compared with their equally well-off peers.
Students who outperform their peers are academic outliers, and that may indicate something special about them: “We’re admitting students on the basis of striving: students whose academic achievement exceeded expectations based on the access to opportunity that they had,” said Zack Mabel, a Georgetown researcher who has modeled admissions scenarios similar in concept to this one.
Of the scenarios tested so far, this one does the most to produce both economic and racial diversity, compared with admitting students on test scores alone. It also produces significant shifts among high-income white students; their share of the admitted class is 27 percentage points lower than it would be in a test-only environment. The resulting average SAT score of the admitted class is also the lowest of the scenarios so far, at 1340.
Change in admitted class in Scenario 3
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
| Race | Bottom 25% | 25th– 50th |
50th– 75th |
Top 25% |
|---|---|---|---|---|
| White | – | – | – | – |
| Asian | – | – | – | – |
| Black | – | – | – | – |
| Hispanic | – | – | – | – |
| Other | – | – | – | – |
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
To gauge how we’d expect students to perform in this scenario, we take into account their parental income, school poverty level and a socioeconomic index that includes parents’ education levels and occupations. We use that data to predict each student’s SAT score. Then we admit the students who outperformed those predictions by the largest margins (until we’ve admitted 500 of them).
A college that cares more about keeping a higher average SAT score could use a limited version of a preference like this one. A school that believes students who beat the odds in high school are likely to succeed in college could embrace a fuller version.
Remember that in this scenario and each of the preceding ones, we’ve considered only students who apply to highly selective colleges (the national study we use as a reference shows which students actually did). We have effectively ignored all of the students shown below who don’t apply, including some with pretty good grades and test scores:
Students who didn’t apply to top colleges
Next, let’s think about that group, too.
Scenario 4 of 4: Casting a wider net
What happens when colleges try to expand the applicant pool?
Admit students using …
To create this scenario, we expanded the pool of applicants to selective colleges by modeling a recruiting strategy targeted at predominantly minority high schools.
First, we pull into the applicant pool all students of any race with SAT scores above 1000 at high schools where at least three-quarters of students are nonwhite. Then we rerun the preference for beating the odds from Scenario 3 with this larger applicant pool.
This strategy most notably captures more Hispanic students, and it produces by far the biggest shift toward lower-income students. It broadly redistributes seats held in an SAT-only scenario by high-income white students and, to a lesser degree, high-income Asian ones.
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
Change in admitted class in Scenario 4
Race
Bottom 25%
25th–
50th50th–
75thTop
25%
White
–
–
–
–
Asian
–
–
–
–
Black
–
–
–
–
Hispanic
–
–
–
–
Other
–
–
–
–
Although colleges can no longer employ racial preferences in admissions, several legal scholars said they believe schools can still consider race in recruiting strategies. The Supreme Court, in turning away another recent legal challenge, has also signaled — at least for now — that it’s permissible for colleges to pursue diversity as an end goal so long as racial preferences aren’t the means to achieve it.
Of the scenarios we’ve shown, an expanded recruiting strategy requires the most work from colleges. But it’s also “the big overlooked gold mine here,” said Richard Sander, a law professor at U.C.L.A. who has worked on admissions strategies at the law school level.
Such a recruiting strategy would mean not just tweaking statistical preferences, but also building relationships with high school counselors, traveling to college fairs, and perhaps developing dual-enrollment courses that introduce high school students to college work.
This kind of outreach — “to me, it’s everything,” said Jill Orcutt, the global lead for consulting with the American Association of Collegiate Registrars and Admissions Officers. She was previously the associate vice chancellor for enrollment at U.C. Merced, the most diverse school in the University of California system.
Comparing our scenarios
In evaluating the impact of the scenarios shown here, we’ve compared each one with the SAT-only baseline in which colleges consider a form of academic merit and nothing else. But it’s also helpful to think about these scenarios in another way — in comparison to the world as it might look if affirmative action were still legal.
To make that comparison, we also created a model approximating the effects of affirmative action. We took the same 150-point boost we’ve used in earlier scenarios, and we applied it to Black and Hispanic students. Real-world affirmative action policies were more complicated than this. But studies have found that such policies gave Black and Hispanic students higher odds of admission equivalent to an SAT score boost of a few hundred points.
Across all our models, Scenario 4 — rewarding students who are academic outliers given their life circumstances, while targeting a wider pool of recruits — comes the closest to creating the Black and Hispanic student shares you might get by giving a boost directly to those students:
“Low-income” refers to students in the bottom quarter of parent income distributions. Figures are rounded and show the share of students who are admitted in each of our models, under simplified assumptions.Black and Hispanic students in each scenario
Alternatives to affirmative action
Other comparisons
Low-income students in each scenario
Alternatives to affirmative action
Other comparisons
Notably, our simple affirmative action model produces far less economic diversity than all of these alternatives. That was also a frequent criticism of such policies: Yes, colleges used them to admit more Black and Hispanic students, but those were overwhelmingly middle- and upper-income students. In our affirmative action model, just 6 percent of admitted students come from the bottom quartile of the income distribution. That’s almost identical to the share of such students who were enrolled in the real world across these selective colleges, according to a 2017 report.
To be clear, our simplified affirmative action model also suggests selective colleges would admit a far higher share of Black and Hispanic students — nearly 34 percent — than were actually in the incoming class of 2022 (23 percent across this top tier of selective schools). That’s because our model captures the upper bound of what’s possible with such a strategy.
Some schools that were already heavily investing in expanded recruiting, like Johns Hopkins, were actually close to or even above this number. Other selective colleges that devoted more seats to legacy students and fewer resources to minority recruiting or financial aid had much lower shares. Our model, in its simplicity, effectively treats all of these varied schools as if they act in unison.
The scenarios illustrated here can’t predict what will happen next — this is a model after all, if one based on real demographics. But this exercise reveals some broad lessons that probably translate to the real world: Income by itself is a weak stand-in for race. Neighborhood and school-level data can help identify minority students. And the potential of any admissions strategy is limited without casting a wider recruiting net.
The questions affecting each admissions parameter are also murky. Does more economic diversity replace some of what colleges lose with less racial diversity? Should students be evaluated in the context of all their disadvantages? How much should colleges yield on lower measures of academic merit to gain the advantages of a diverse campus?
Individual colleges will answer these questions in different ways. And they will do so considering factors, including financial aid and legacy admissions, that are more complex than the ones we modeled. But they’ll also have access to a lot more data than we do about each prospective student in trying to fine-tune what comes next. We will soon see what they do with it.
About this project
The data behind these admissions scenarios comes from the High School Longitudinal Study of 2009, which tracked a nationally representative cohort of over 23,000 U.S. high school students, starting in the ninth grade in 2009. The data collected over time includes high school transcripts, standardized test scores, Advanced Placement exam results, parents’ socioeconomic status and the colleges that students applied to and attended.
In models built with Sean Reardon and Demetra Kalogrides at Stanford, we illustrate 10,000 simulated students, constructed to resemble the demographic and academic makeup of the HSLS cohort in its senior year, 2013. We further weight that group to adjust for the racial diversity of ninth-grade students in America in 2019-20, using the Common Core of Data (for public school students) and the Private School Universe Survey (for private school students). Because we begin our simulations with students in U.S. high schools, our modeled admissions outcomes do not include international students, and we exclude international students from comparisons to the actual enrolled class of 2022 across selective colleges. We constructed standardized test scores for each simulated student using 1) reported SAT scores 2) ACT scores converted to an SAT scale (in cases where an SAT score was not reported) 3) a predicted SAT score constructed using a standardized test given to HSLS study participants, their family income, family socioeconomic status, Advanced Placement courses taken and exams passed, and their high school characteristics.
We used SAT scores for ease of interpretation. But many college admissions offices are moving away from them. And so we also modeled the scenarios here using an academic merit index combining GPAs, Advanced Placement exam results and standardized test scores. Those models produced broadly similar results to the ones shown here.
Our models simulate admissions to Barron’s Tier 1 schools. In their simplicity, our models do not consider students admitted with legacy status or athletic scholarships, and they do not take into account the likely availability of financial aid.
Education
The Itinerant Preacher Who Helped Secure the Separation of Church and State
The robust, if perpetually contested, religious freedom that Americans enjoy today is one of the most important legacies of our founding. Thomas Jefferson and other revolutionaries like James Madison fought to separate the church from the state. As men of the Enlightenment, they were skeptical of dogma and prized the human mind’s capacity to reason. But they confined their trust to the reason of wealthy, educated men. Leland, too, believed in reason, but he drew that belief from a major tenet of the Reformation: that ordinary men and women had the capacity to interpret God’s will for themselves.
Self-taught and rough-edged, Leland traveled constantly, giving thousands of sermons and baptizing more than 1,500 people over the course of his life. By his own calculations, he logged enough miles to circle the globe four times. Born into a Congregational family in central Massachusetts in 1754, Leland had only a basic education, but he read voraciously. He was deeply moved by a series of evangelical revivals then sweeping through the colonies, known as the Great Awakening, which in turn reanimated a core notion of the Reformation: that individual conscience, illuminated by God and Scripture, is the ultimate authority in matters of faith. As explained by the likes of popular revivalist preachers like George Whitefield, those who sincerely accounted and repented their sins could experience conversion and be reborn. Thereafter, God’s spirit entered the body, offering not only the promise of salvation but also a measure of divine guidance — or “new light.”
This growing New Lights movement spoke especially to those outside the colonial gentry, like Leland, who saw little need for clergy or other authorities to tell them how to relate to God. The more radical among them felt emboldened to raise questions about established authority that went beyond matters of faith and into the realm of politics. Baptists, in particular, insisted on congregational autonomy and, fiercely protective of individual conscience, strongly opposed any state establishment of religion.
Leland studied the Bible closely and concluded that infant baptism was not only wrong but tyrannical, because it bound children to the church without their consent. When he was 20, he joined the Separate Baptists, who reserved baptism only for converted believers. Like many other self-educated converts, he almost immediately set out as an itinerant preacher on an eight-month sojourn through Virginia. It was there, working hundreds of miles to the south as an eager “volunteer for Christ,” that he had the experiences that solidified for him the importance of religious liberty.
Leland first arrived in Virginia in 1775, as independence seemed increasingly inevitable and people were debating the meaning of liberty and the role of ordinary people in government. As he made his way across the state, on horseback or on foot, word began to spread about the genial and charismatic speaker. New Light preachers were known for using everyday language to connect with their audiences, and Leland was also renowned for his humor.
New Lights met on an egalitarian footing, addressing one another as “brother” and “sister,” washing one another’s feet and exchanging the kiss of charity. They denounced wealth and pride and rejected popular pastimes like horse racing, cockfighting and dancing. Rather than spend Sunday morning sitting in pews arranged by social importance, awakened Protestants attended noisy, emotional gatherings on any day of the week, often outdoors. Their ministers did not read scholarly sermons on intricate doctrine but preached from the heart, extemporaneously.
Roughly 40 percent of Virginia’s population was enslaved, and many worshiped Allah or their own deities. White settlers from New England and the Mid-Atlantic had also been moving to the Virginia backcountry for decades, and many of them, carrying the religious fervor of the Great Awakening, were eager to hear from New Light ministers. Standing on tobacco barrels or crude stages near courthouses, crossroads and ferry landings, itinerants like Leland attracted large crowds of supporters and curious onlookers.
Across the colonies, enemies of the Great Awakening harassed dissenters with legal penalties and mob violence; nowhere was persecution more intense than in Virginia. On his preaching tours, Leland would have heard stories about the violence from earlier years and seen firsthand that much of it continued. Opponents frequently harassed or even attacked the preachers and their listeners.
The hostility toward New Lights came not from London, which had granted colonists the limited protections of the Act of Toleration. Rather, it was Virginia’s gentry, the grandees of the established Anglican Church, who used their control of the county courts and the House of Burgesses to contain the evangelical challenge. Most political offices were open only to members of the Church of England, and residents faced fines for failing to attend Anglican services. Dissenters, like everyone else, had to pay vestry taxes for the salaries of Anglican ministers, even as their own ministers and meeting houses were subject to costly licenses. Only Anglican ministers could legally marry people.
This was no kind of freedom. Leland and many Virginia Baptists increasingly came to see the patriot cause as much a battle for freedom from establishment religion as it was freedom from the Crown.
The question of religious freedom came to a head the following year, in 1776. Most of the 13 colonies had established churches. How would any union of states address those establishments? Would they embrace religious freedom in the face of revolution? And what would that religious freedom look like?
As states formed new governments, they took divergent paths. Some, like New York, did away with a state-supported church. A few others retained an established church but allowed people to designate which denomination to support with their taxes. Some declined to establish a particular denomination but nonetheless supported a small core of Protestant churches with public money or required religious tests for office.
In Virginia, the campaign for religious freedom proved especially intense and consequential. The state adopted a Declaration of Rights to guide its government, which included language declaring that “all men are equally entitled to the free exercise of religion,” but remained silent on the status of the Anglican Church, which continued to draw on taxpayer funds. It quickly became clear that most members of the new Virginia Assembly interpreted the language as guaranteeing only tolerance within the established order. For reformers, this was not nearly enough.
“The liberty I contend for, is more than toleration,” Leland would later write. “The very idea of toleration, is despicable; it supposes that some have a pre-eminence above the rest, to grant indulgence; whereas, all should be equally free, Jews, Turks, Pagans and Christians.”
The need for military recruits to fight in the War of Independence forced Virginia’s reluctant lawmakers to accommodate evangelicals who explicitly linked their support for the cause of liberty — and their willingness to fight — to ending what some Baptist preachers called “ecclesiastical tyranny.” The evangelicals flooded the Assembly with petitions calling for the disestablishment of the official church. One Baptist-led petition drew an astounding 10,000 signatures, spread across 125 pages and stitched together into one continuous roll. This, along with pressure by legislative allies like Jefferson and Madison, got them some concessions: The Assembly repealed taxes that paid Anglican ministers and allowed ministers from other denominations to marry people. But convinced that religion was key to social order, it voted down complete disestablishment and full religious freedom.
The victory at Yorktown, Va., in October 1781 ended the war, but the battle over religious establishment continued. By 1784, the Virginia Assembly had revived a bill for a general tax to fund Anglican ministers — who were now called Episcopalians after severing their ties with the Church of England. Taxpayers would be forced to pay church taxes but could choose their own denomination.
While many dissenters agreed to that compromise, Leland and his fellow radical Baptists rejected any state involvement in religion. Liberty of conscience was “inalienable,” in Leland’s view, so “the legitimate powers of government extend only to punish men for working ill to their neighbors, and no way affect the rights of conscience.” Convinced that any preacher paid by the government turned from “a Gospel ambassador” into “a minister of state,” Leland helped lead a successful Baptist petition drive that doomed the legislation.
Instead, in 1786, Virginia passed Jefferson’s Bill for Establishing Religious Freedom, a direct precursor to the First Amendment and one of three achievements, along with writing the Declaration of Independence and establishing the University of Virginia, that Jefferson saw fit to have memorialized on his tombstone. One historian called it “the mother of all church-state separation statutes.” The act decreed that people could not be compelled to attend or support a church against their will, and it asserted freedom of religion as a natural right. What Leland and his fellow Baptists had fought for in Virginia since before the Revolution had finally come to pass.
Virginia had embraced religious freedom, but Leland’s work was by no means finished. In 1787, the Constitutional Convention, meeting in Philadelphia to revise the Articles of Confederation, instead produced an entirely new system of government. The new Constitution had to be ratified by nine of the 13 states to become law. Supporters and opponents, known as Federalists and Anti-Federalists, squared off.
Leland was against the proposed Constitution, largely on the basis that religious liberty was not “sufficiently secured.” While the Constitution, unlike many state charters, imposed no religious test for office, it also did not explicitly forbid a religious establishment. It was “very dangerous,” Leland warned, to leave religious liberty up to “the Mildness of Administration,” rather than building a “Constitutional Defence.” Doubtful that state bills of rights could compensate for the Constitution’s silence on fundamental liberties, he joined the calls for a federal bill of rights.
Leland had by then developed a large following, and his views were influential in Virginia, where Baptists constituted a formidable voting bloc. When Madison, a Federalist, decided in early 1788 to run for election to Virginia’s Ratifying Convention, he courted Leland at the urging of his political advisers, who warned him that Leland, having “much weight with the people,” was against the new Constitution. They urged Madison to meet with him. He most likely did, and it is equally likely that he assured Leland he would protect religious freedom.
With Leland’s support, Madison was elected to represent Virginia at the Convention. His vote contributed to the narrow margin that made Virginia the 10th — and by far the largest and most influential — state to ratify the Constitution. The following February, in 1789, Madison sought election to the first session of Congress, charged with putting the new Constitution into effect. To allay Baptist fears over religious liberty, Madison pledged to introduce a bill of rights. Once again, Leland helped swing the election in Madison’s favor, though he was modest in his warm letter of congratulation. “If my Undertaking in the Cause conduced Nothing else towards it,” he wrote, “it certainly gave Mr. Madison one Vote.”
In Congress, Madison dutifully pressed for a bill of rights. His 20 proposals became 12 amendments, 10 of which the states ratified. Virginia cast the decisive vote in December 1791. Added to the end of the Constitution, they became the Bill of Rights, limiting the powers of the federal government and guaranteeing individual civil and procedural rights. The First Amendment stipulated that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Leland reportedly wrote Madison that the Baptists were “entirely satisfied.”
Leland continued his work for years, but even as other evangelicals began to enter the establishment, he remained an outsider. In 1792, he moved his family to the small town of Cheshire in western Massachusetts, where he continued to argue for the complete disestablishment of the church at the state level.
If modern Americans have heard of Leland at all, it is usually in connection with the “mammoth cheese.” In July 1801, Leland suggested that the farm women of his Baptist community in western Massachusetts produce what he would bill as “the greatest cheese in America — for the greatest man in America.” The cheese was a gift for Thomas Jefferson, Leland’s hero as a champion of religious freedom and republicanism, who was narrowly elected in 1800 to the presidency. The women responded with zeal, producing a monstrous wheel of cheese that required the milk of 900 cows, weighed 1,235 pounds and measured more than four feet in diameter. They decorated the top with the third president’s personal seal: “Rebellion to Tyrants Is Obedience to God.”
Leland transported the cheese from Cheshire to Washington by sleigh, sloop and wagon, preaching along the way to enthusiastic crowds keen to hear the “mammoth priest.” On New Year’s Day in 1802, Jefferson personally accepted the cheese and had it displayed in the East Room of the White House, where it remained for at least a year until, according to one account, it became a maggot-filled mess that was dumped into the Potomac.
Two days after presenting the cheese, Leland preached to Congress at Jefferson’s invitation. A Federalist congressman from Massachusetts named Manasseh Cutler, who was also a Congregational minister, judged the colorful cleric “a poor ignorant, illiterate, clownish creature” who preached in typical evangelical style — he “bawled with stunning voice, horrid tone, frightful grimaces, and extravagant gestures.” Cutler claimed that “shame or laughter appeared in every countenance.”
In his condescension, Cutler betrayed his fears about religious populism and the young nation’s future. Nearly powerless in the 18th century, evangelicals went on to become a force in the 19th century, providing ordinary Americans with their own unique voices in religion and politics. Freed from state control, evangelicals flourished in a competitive religious marketplace, honing the populist techniques — mass preaching, moral crusades, political mobilization — that would continue to define American politics to the current day.
Leland helped make evangelicals’ triumph possible, but he increasingly disagreed with them. As they became more mainstream in the decades after the Revolution, it seemed to Leland that they began to mimic the establishment they had once fought. They forgot their previous struggles for religious freedom and instead promoted sabbath laws and denounced Catholicism. Leland objected to their emphasis on building institutional power, which seemed to him more concerned with fleecing common Americans than saving their souls. Evangelicalism, Leland feared, was turning its back on poor, self-educated, self-supporting itinerants like him.
Back in 1802, on the same New Year’s Day that Leland delivered his mammoth cheese, Jefferson forged a line that would echo far beyond its moment, shaping legal arguments and appearing in Supreme Court opinions as if part of the Constitution itself. Writing to the Danbury Baptist Association in Connecticut to explain his reluctance to proclaim public days of fasting and thanksgiving, Jefferson observed that the First Amendment’s establishment clause had “built a wall of separation between Church and State.”
Scholars and jurists continue to disagree over the meaning of Jefferson’s metaphor. Did he merely mean that everyone should be able to worship as they wished without discrimination or partiality, or something more?
For Leland, the problem was not merely favoritism among Christian sects; it was the very notion of a “Christian Commonwealth,” a notion that in his view should be “exploded.” He certainly believed that evangelical Christianity was the surest way to God. Yet, echoing the language of Jefferson’s Virginia statute, Leland proclaimed that all should be free to worship “either one God, three Gods, no God, or twenty Gods.” It was precisely such convictions about spiritual independence that led Leland to yoke his pulpit to political activism. “Let Christianity operate in its own natural channel,” he wrote, “and it is a blessing of immense worth, but turn it into a principle of state policy, it fosters pride, hypocrisy and the worst kind of cruelty.”
Leland died in 1841 at 86, eight years after Massachusetts — the last holdout among the states with official churches — disestablished the Congregationalists. Like his hero Thomas Jefferson, Leland composed his own epitaph. And like Jefferson, he noted his fight for religious liberty, commemorating his 67-year “labor to promote piety, and vindicate the civil and religious rights of all men.”
Education
The Man of Faith Who Heard a Righteous Call in the Founding Credo
By July 4, 1776, when the Declaration was adopted, many colonists had chosen sides in the war based on their understandings of how a win by the patriots or the British would affect their futures. A majority of African Americans who served in the war, by some estimates around 20,000, fought on the side of Britain, deciding that alliance was the better choice. Many joined the British Army after Lord Dunmore, the royal governor of Virginia, issued a proclamation the prior year, offering freedom to those enslaved there by patriots in return for their service. Enslaved people in other colonies were also inspired to join the British cause.
Other enslaved people thought it best to join the American patriots on the same promise of freedom. Either way, it was a gamble for the future. The free Black people who joined the patriots did not have as much to gain as the enslaved, who could escape the crushing status of being legal property. But they evidently had some sense that the end result of the rebellion against the British would be improved circumstances for all people of color in America. Perhaps the patriots really meant all their insistent talk about “liberty” and strident criticism of tyranny. Maybe the words of the Declaration of Independence could apply to everyone: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
When Jefferson wrote those words, the Declaration’s most inspiring passage, racially based chattel slavery existed in all 13 American colonies, including at his Virginia home, Monticello. Beautiful as it was, Jefferson’s language opened up a gap between the idealism of the country’s founding document and reality as it existed in what would become the new republic.
Lemuel Haynes, who enthusiastically joined the patriots, was one of many people who early on noticed that chasm. Haynes had the kind of life and public career that seems almost unimaginable for a person of African descent in North America during the 18th and early 19th centuries. He was the first Black American to be ordained as a minister in a Protestant church and the first Black person to receive an honorary degree in the United States (from Middlebury College in 1804). He was a public figure during his time, prominent enough to have a biography written about him in 1837, four years after his death.
“Liberty Further Extended,” Haynes’s elaboration of the contradictions and potential of the document that has come to be called America’s creed, was apparently never finished and was not formally published during his lifetime. But there is evidence that it was shared among those sympathetic to abolition. Haynes’s presentation went beyond abstract moral principles, though he engaged those with great precision. He argued mainly from a religious perspective, but he wrote in a manner designed to make readers feel the pain of the Middle Passage and the institution of slavery itself. He urged his readers to see the humanity of African people and understand why the slave trade and the institution of slavery should not be tolerated.
Haynes was born on July 18, 1753, in West Hartford, Conn. His father was an African American whose name is not known. There is some controversy about the identity of his mother. She was either a young white servant or the daughter of a prominent family who had to hide the fact that she had given birth to a mixed-race child out of wedlock and arranged to have another woman claim the infant as her own. “Haynes” was the name of the man in whose house his mother lived when she gave birth.
Haynes was abandoned at around 5 months old and taken to live in the home of David and Elizabeth Rose in Granville, Mass. He had been born free, but was indentured to the Roses as a servant until he turned 21. Haynes said of Elizabeth Rose that “she treated me as though I was her own child” and noted that observers claimed that she seemed to love him more than her own children. As his indenture required, Haynes was educated. He was enrolled in the local school, but his work schedule allowed him to attend only part of the year.
Haynes’s religious instruction appears to have come largely from the Rose family. David Rose, a deacon in the Congregationalist church, was a deeply religious man, who made his home a place “where the Sabbath was sanctified, daily prayer offered.” Even as a teenager, Haynes impressed members of his community with his talent for preaching. He went to study Latin, one of “the learned languages,” with a clergyman in Canaan, Conn. Later he added Greek to his repertoire so he could read the earliest translations of the New Testament.
Haynes’s life story confounds expectations in so many ways. A mixed-race child born out of wedlock, abandoned by his parents and indentured as a servant was not only accepted by members of his New England community; he was nurtured and encouraged to succeed. Perhaps the response to him was generally positive precisely because he was one of a small minority of people of color in New England, and one of an even smaller number in Granville. Would his life have been different if there had been enough people of color in his community to make white people feel threatened by their presence, especially if some of them started to succeed?
When thinking about the trajectory of Haynes’s life — why he decided to attach himself so fervently to the patriot cause; why he, who had never been enslaved, decided to attack slavery so passionately — it seems clear that his early experiences helped raise his expectations about his place in the world.
The historian Richard Newman, who edited a compilation of Haynes’s writings, noted that in the epigraph to his poem “The Battle of Lexington,” Haynes identifies himself as “a young Mollato.” This may indicate that the relatively rosy picture he painted of his early life in a nearly all-white setting was a bit more complicated than his virtually conflict-free narrative would suggest. It is very likely that he had the experience of being treated as different — or saw other Black people being treated as different — by the majority community. And not in a good way.
In his early 20s, Haynes became terrified at the thought he would go “before the bar of God, knowing that [he] was a sinner.” While “under an apple-tree” he experienced a religious conversion that led him to become an adherent of Calvinism, specifically a movement within the theology referred to as the New Divinity. The ministers associated with the New Divinity, as the historian John Salliant has noted, “were ardently committed to the patriot cause and War of Independence, since republican political principles struck [them] as God’s moral law articulated in a polity.”
As the colonial crisis unfolded, they saw that cause as a just and moral struggle against British tyranny. Haynes saw it this way, too. He trained as a Minuteman in Granville, Mass., in 1774, and enlisted in the Continental Army the following year, after the Boston Massacre. By the end of 1776, he had a new focus. Not only did he support independence from Britain, but he also believed that the cause of liberty for which he fought must apply to the enslaved as well.
While people have debated what Jefferson meant when he wrote that “all men are created equal” — most often asking, “Did it include Black people?” — there is no doubt about the lesson Haynes took from the document. In “Liberty Further Extended,” he used his discussion of the Declaration to specifically make the case that the God-given right to liberty and freedom belonged to “Africans” as well as the “Englishman.” It was the only conclusion to draw, considering that God had created all mankind.
“It hath pleased god to make of one Blood all nations of men, for to dwell upon the face of the Earth,” Haynes wrote, referencing a Bible passage and laying out his own thinking. “Consequently we may suppose that, what is precious to one man, is precious to another and what is irksom intolerable to one man is so to another, consider’d in a law of nature. Therefore, we may reasonably Conclude, that Liberty is Equally as precious to a Black man, as it is to a white one, and Bondage Equally as intollarable to the one as it is to the other. … ”
Other early uses of the Declaration’s language to attack slavery — for example, petitions to local legislatures — either do not engage the subject of race, or do so only obliquely. Haynes’s essay addresses the race question and its relationship to slavery head-on and at length. The religious basis of his argument might not land well for modern secular readers, but this type of presentation would resonate strongly in a society suffused with religion like Haynes’s New England.
Of course, Haynes was not alone in this approach. The views he expressed in his essay had much in common with the religious attack on slavery in the American colonies that Quakers had been making since the end of the previous century. The argument would be taken up even more fervently by the larger abolitionist movement that appeared in the 1820s and helped stoke the tension that led to the Civil War.
But Haynes was among the first to connect this line of thinking to the nation’s founding charter, and thus produced one of the earliest articulations of what should be possible for people of color under the new American government. “Liberty Further Extended” demonstrates how much Haynes’s deep religious faith informed his understanding of the Declaration of Independence. The two were melded in his mind in a way they were not for the document’s author.
Jefferson drew from his faith in an Enlightenment-based ethical sense to say that all men were “endowed by their Creator with certain unalienable rights.” Using the word “Creator” was in keeping with his deist philosophy that posited that some form of entity created the universe and then stepped aside, leaving humanity to its own devices. Haynes was much more emphatic about his vision of the connection between liberty and a supreme being: “Liberty [was] a Jewel which was handed Down to man from the cabinet of heaven, and is Coaeval with his Existence,” he wrote. “And as it proceed from the Supreme Legislature of the universe, so it is he which hath the sole right to take it away.”
Liberty and freedom were “innate” principles that were “unmovably placed in the human Species.” People who infringed upon these principles were acting against the “very Laws of nature.” In Haynes’s worldview, the infringers were not merely violating rights, which could be perceived as a wholly secular act; they were committing an actual sin. When he came under the influence of the New Divinity theology, he accepted its followers’ view that sin was providential. Human beings were to learn from their sins and do better. That could be applied to slavery in America. The Revolution and the new republic provided an opportunity to redeem society.
Haynes’s early invocation of the Declaration for the purpose of destroying slavery was prescient. In the 250 years since, many marginalized people and groups in America have used Jefferson’s words to establish a right to equal treatment in the United States. By arguing for a wider application of these words, and by actually living their meaning through venturing into and succeeding in places normally reserved for white people, Haynes provided an example of how that democratizing force could be put in motion. In truth, the standard has gone global. Historians have shown how influential this part of the Declaration has been to people fighting oppression and seeking self-determination all across the world.
Lemuel Haynes exists somewhere between the famous and the obscure. He left far more records than most African Americans of his day, but not enough to convey a rich picture of the details of his life. His sermons and addresses were shared during his time but gradually fell out of circulation. “Liberty Further Extended” was rediscovered at a library at Harvard University in 1983.
What we know of Haynes is extremely impressive. He was obviously a brilliant and resourceful man. To start life the way he did, with the racial situation as it was, and to rise to become learned, the Black leader of several white churches, to receive an honorary degree from Middlebury College in 1804, to give a sermon at Yale College in 1814, were important achievements. The ending was not as happy as it could have been. After changes in the political situation in his area led to his dismissal from the Rutland pulpit in 1818, he never again held so prominent a position. Instead, he lived a more precarious existence pastoring to a rural church in upstate New York until his death in 1833.
It is at least worth considering whether Haynes would be better known if the political situation in the early American Republic had been different. Conservative by nature, Haynes rejected Jefferson’s Democratic-Republican party, which he saw as godless, too supportive of the French Revolution for his tastes and headed by slaveholders, who may have made antislavery noises but were nowhere near doing anything to end the institution. In his view, they had betrayed the promise of the Revolution. Instead, Haynes joined the Federalist Party, which was closely aligned with his hero George Washington, a lifelong enslaver who arranged for the emancipation of those he enslaved in his will, an act that increased Haynes’s admiration for the first president. To his professional detriment, Haynes championed the Federalist cause even as the party gradually disappeared under the Jeffersonian wave.
Then there is the question of how Haynes lived his life. He existed almost entirely in a white world — “almost,” because there were some Black people in the New England towns in which he lived, and he surely came into contact with them. But for the most part he was disconnected from anything that could be called a Black community. The title of the 1990 compilation of his writings says it all: “Black Preacher to White America.” If he really was that — a Black preacher to white people — one can understand how he could be less well-known than he should be. In later years, Haynes addressed the subject of slavery and race, but never so passionately as he did in “Liberty Further Extended.” For the most part, he concerned himself with the same theological questions as would any white minister.
There would be little reason for the Black community to know Haynes or lift him up when they had their own leaders to champion, even if they felt a degree of group pride in the positions he attained. During Haynes’s lifetime, there were other Black people who were actively involved in the advancement of the Black community, among them Prince Hall of Boston, James Forten of Philadelphia, Bishop Richard Allen of Philadelphia. David Walker appeared on and disappeared from the scene like a comet in 1829, but his “Appeal,” which condemned slavery on the same basis as Haynes — with far more fire and defiance — ignited such attention and fury that his name has lived in history in a way that Haynes’s has not. Then there is the towering figure of Frederick Douglass, who overshadows nearly all but Lincoln in the 19th century.
Haynes remains important for having articulated in 1776 the connection between the rhetoric of the Revolution, particularly the ideals expressed in the Declaration of Independence, and the status of African Americans in the newly created nation. In later years, he criticized those who squandered the promise of the Revolution that he thought should have been the death knell for slavery. He would not live to see the destruction of the Union over the matters discussed in “Liberty Further Extended.” Of course, he would not live to see the 20th century civil rights movement, what has come to be called the Second American Revolution, which tried to revive notions of the equality of all mankind — the very notion that Haynes thought already lived within America’s creed, enunciated in the country’s first Revolution.
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