Barring Diversity? The American Bar Exam as Initiation Rite and Its Eugenics Origin

Sep 20, 2026

Uploaded by Mia

Argues that racial disparities in first-time bar passage rates are not coincidental but stem from the eugenics origin of the U.S. bar exam. Positions the exam as an initiation rite that restricts diversity in the legal profession by requiring costly, isolated months of study that particularly advantage young White graduates with fewer family or financial burdens. Links these inequities to historic Anglo-Saxon supremacy and eugenics-inspired redlining, and recommends alternatives like diploma privileges or open-book, frequently administered assessments to reduce burdens on candidates of color.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages25

Reading Time1 h 3 min

AccessFree to download

Introduction

Pandemic Administration of Bar Exams

Racial Diversity and Bar Admission Efforts

History of the Bar Exam as an Initiation Rite

Eugenics, Wealth Gaps, and Systemic Racism

Proposed Alternatives and Conclusion

Barring Diversity? The American Bar Exam as Initiation Rite and Its Eugenics Origin MARY SZTO† INTRODUCTION According to the 2020 census, the U.S. population is over 42% minorities, 1 however, only 14% of the legal profession is.2 In 2020, the firsttime bar taker pass rate was 88% for Whites, 80% for Asians, 78% for Native Americans, 76% for Hispanics, and 66% for Blacks.3 The COVID-19 pandemic has also thrown state bar exams into crisis. Some states allowed graduates a diploma privilege and many administered online exams. At the same time, anti-Asian violence, disproportionate COVID deaths in communities of color, Black Lives Matters protests, and the Capitol Insurrection have further exposed systemic racism in the U.S. This article will argue that racial disparities in first-time bar passage rates are not coincidental but rooted in the eugenics origin of the bar exam. The bar exam is an initiation rite that bars diversity in the legal profession. The exam requires costly isolated study for several months that privileges young White graduates with few family or financial obligations and those who have assimilated to such status. Eugenics theory held that Whites were superior, and others should be denied access to property ownership, education, and the legal profession.4 Therefore, to diversify the legal profession, we must acknowledge these origins in eugenics and institute the diploma privilege or create sequenced exams or other alternatives that do not require costly isolated study and bar preparation courses. This article will first discuss what states did to administer the bar during the pandemic. Then, the article will discuss the state of racial diversity in the † Teaching Professor, Syracuse University College of Law. B.A., Wellesley College. M.A.R., Westminster Theological Seminary. J.D., Columbia Law School. This article is for my students. Thankyou to Richard E. DeMaris, Gwendolyn Majette, Kathleen O’Neill, Jeremy Paul, Steve Ramirez, Jennifer Prough, Margaret Woo, and those who provided helpful comments at both the Association of American Law Schools annual conference and MidWestern People of Color Legal Scholarship Conference. 1 Connie Hanzhang Jin et al., What the New Census Data Shows About Race Depends on How You Look at It, NPR (Aug. 13, 2021, 5:01AM), [https://www.npr.org/2021/08/13/1014710483/2020-census](https://www.npr.org/2021/08/13/1014710483/2020-census)data-us-race-ethnicity-diversity (last visited Mar. 5, 2022) . 2 AM. BAR ASS’N, NATIONAL LAWYER POPULATION SURVEY: 10-YEAR TREND IN LAWYER DEMOGRAPHICS (2021), [https://www.americanbar.org/content/dam/aba/administrative/market_research/2021-national-lawyer](https://www.americanbar.org/content/dam/aba/administrative/market_research/2021-national-lawyer)population-survey.pdf. 3 AM. BAR ASS’N, LEGAL EDUCATION AND ADMISSIONS TO THE BAR, SUMMARY BAR PASSAGE DATA: RACE, ETHNICITY, AND GENDER, 2020 AND 2021 BAR PASSAGE QUESTIONNAIRE, [https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the](https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the)[_bar/statistics/20210621-bpq-national-summary-data-race-ethnicity-gender.pdf.](_bar/statistics/20210621-bpq-national-summary-data-race-ethnicity-gender.pdf.) 4 See Mary Szto, Real Estate Agents as Agents of Social Change: Redlining, Reverse Redlining, and Greenlining, 12 SEATTLE J. FOR SOC. JUST. 1, 11–14 (2013) . legal profession and chronicle the American Bar Association’s (“ABA”) efforts since the 1970s to diversify the profession. Then, we will delve into the history of the bar exam as an initiation rite. I will discuss how bar admissions standards arose amid teachings about Anglo-Saxon White supremacy in the late 1800s and early 1900s. Minorities were excluded from most law schools, and there was widespread fear of immigrants diluting the U.S. White population and the legal profession. I will also discuss an

FAQs

What does the article claim about racial disparities in first-time bar passage rates?

It argues the disparities are rooted in the eugenics origin of the bar exam, not in coincidence.

Why does the article describe the bar exam as an initiation rite?

It frames the exam as a costly, lengthy, communal, and painful entry process that mirrors other initiation rites, including separation, a liminal period, an ordeal, and reintegration.

What impact does the COVID-19 pandemic have on bar exams and diversity?

The article describes state bar exams facing crisis, with diploma privileges and online exams in some states, while broader systemic racism issues become more visible.

What alternatives does the article propose to reduce inequity?

It proposes diploma privilege or open-book, essential-subject exams for all candidates, plus specialty exams for some, delivered frequently and online so candidates can retake only unmet subjects without costly preparation courses.

Sep 20, 2026

Uploaded by Mia