Wisconsin Supreme Court Strikes Grant for Minority Students

The Wisconsin Supreme Court unanimously ruled Thursday that a state grant for minority students is unconstitutional, Wisconsin Public Radio reported.

The ruling affirmed an appeals court decision in concluding that the Minority Undergraduate Retention Grant Program, established by the state legislature more than 30 years ago, violates the equal protection clause of the 14th Amendment. The program offered financial assistance to low-income Black, Native American, Hispanic or Southeast Asian students from Laos, Cambodia or Vietnam who came to the U.S. after Dec. 31, 1975.

The case was brought by the Wisconsin Institute for Law & Liberty on behalf of five people who objected to the program, including a couple who claimed their son couldn’t access the scholarship because of his race. The Wisconsin Supreme Court said the individuals had standing as taxpayers.

“This is a major win for students. Race cannot be used to dole out scholarships and other financial aid,” Dan Lennington, managing vice president and deputy counsel at the Wisconsin Institute for Law & Liberty, said in a press release. “This is also a big win for taxpayers, who can now challenge many other race-based programs in state court.”

The case could have broader implications for race-based scholarships, many of which are disappearing or undergoing changes in the wake of state and federal bans on diversity, equity and inclusion initiatives.