Do you have a dumb question that you're kind of embarrassed to ask in the main thread? Is there something you're just not sure about?
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Notes -
Not taking a particular stance, but there's no inherent contradiction in simultaneously believing the ideas that 1) there are cultural/biological differences between races and 2) the government unevenly enforces punishment on one race, out of proportion to a just enforcement distribution.
I'm pretty sure Kendi would (stridently) reject 1), but even if it's true, it doesn't make 2) false. It just makes attribution much more difficult.
I don't think your point applies to the debate set up in the parent comments. If 1 is true, whether or not 2 is, then equity is not appropriate. Proving 1 to be true is sufficient to reject equity. 2 is still taken to be true under a colorblind ethos, which basically maps to <yes 1 culture> <no 1 biology>, and which Kendi is against.
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