On Thursday, “The Wisconsin Institute for Law & Liberty (WILL) secured a significant victory for true equality under the law at the Wisconsin Supreme Court. The Court ruled that the racially discriminatory ‘Minority Undergraduate Retention Program’ was unconstitutional and that taxpayers have standing in court to challenge such programs.”
WILL lawyer Dan Lennington said, “This is a major win for students. Race cannot be used to dole out scholarships and other financial aid. This is also a big win for taxpayers, who can now challenge many other race-based programs in state court. WILL is proud to stand for equal rights and make that case everywhere we can.”
In its decision, the state supreme court stated, “We conclude that the Taxpayers have standing and that the Grant Program violates the Equal Protection Clause of the Fourteenth Amendment. Accordingly, we affirm the court of appeals’ decision that the statute is unconstitutional and conclude that HEAB is enjoined from operating the Grant Program.”
In 2021, WILL sued over the program, which violates federal law and the Wisconsin Constitution. WILL represents five Wisconsin taxpayers who object to the state administering this race-based scholarship program, including Kiki Rabiebna and Richard Freihoefer, whose son is ineligible for a scholarship because of his race. The program discriminates against whites, the vast majority of Asians, some Latinos, and every student whose ancestors are from North Africa or the Middle East.
This state supreme court decision not only applies to this scholarship, but also logically applies to other DEI programs and the nearly identical Lawton Scholarship, which is run by UW-Madison and excludes many students based on race. Taxpayers can now challenge those and many other discriminatory programs in state court. WILL is actively planning litigation to end all race-based DEI programs in Wisconsin.
“This was one of WILL’s first lawsuits filed to stop unconstitutional race discrimination. Since that time, WILL has represented over 80 clients from 26 states to challenge programs that divide up Americans by race.”
