If it really were the case that people would randomly choose betwen two equally qualified parties, then no need for the law. Obviously this isn't the case.
No it isn't. But one of the perverse aspects of modern liberalism it its simultaneous urge to use government intervention to both stop AND enable discrimination.
Some people are racist. Them's the breaks, and the reality is that we can't prevent people from being racist, or even from acting racist. But in a free market environment, competition punishes racism. If you favor one race over another in terms of hiring, in terms of whom you buy from, or in terms of whom you sell to, then you put yourself at an economic disadvantage compared to those who do not. In a non-free-market environment, though, racism is often cost-free. For example, let's say you're a landlord, and you are renting an apartment that is rent-controlled. The price is artificially low, which means that the demand will be greater than the supply. So you've got many potential tenants, and you can pick and choose between them, but
not on price. Because of rent control, they all offer the same price. So it costs you nothing to discriminate between them on the basis of race.
Same with minimum wage laws: you can't hire the worker who will work for the cheapest, so you are again free to discriminate on the basis of race. Oh, of course you have to do it discreetly, but really, that's not hard to do. In fact, racism by white workers in the early 1900's was one of the major motivators for early minimum wage laws. That's not the intention today, but it's still an effect. Free markets don't prohibit racism, but they punish it. Often pretty effectively (enough so that South Africa had to make it illegal for whites to hiring blacks in many cases). Government interference in free markets often reduces or removes these corrective mechanisms. And the mechanisms government tries to use, such as affirmative action, do not eliminate racism and are of limited efficacy in reducing its effects.
If you get rid of "reverse racism" as you call it, we're right back to de facto racism.
We never left.
Affirmative Action policies are necessary because citizens will oppress based on gender and race unless forcibly stopped from doing so.
Well, first off, they aren't stopped from doing so, that just changes how it happens. And secondly, this presumes that nothing BUT government interference can provide effective incentives for people to not
act racist. But that's not true.
As Leo Durocher, manager of the Dodgers, said to his players regarding hiring Jackie Robinson, ""I do not care if the guy is yellow or black, or if he has stripes like a ****in' zebra. I'm the manager of this team, and I say he plays. What's more,
I say he can make us all rich. And if any of you cannot use the money, I will see that you are all traded."
Money can be a
very powerful incentive against discrimination.