Two students, one white and one Asian, on Wednesday sued a nonprofit fund that provides scholarships for Hispanic students, saying the group illegally discriminates against people of other races.
American Alliance for Equal Rights, an organization dedicated to dismantling racial and ethnic consideration throughout American life, filed the lawsuit in Federal District Court in Washington, D.C., on behalf of the students. The organization argues that the nonprofit, the Hispanic Scholarship Fund, violates the Civil Rights Act by restricting eligibility for its marquee scholars program to those who “identify as being Hispanic.”
The lawsuit comes amid a broader push by conservative activists to eliminate diversity programs and benefits based on race, following a 2023 Supreme Court decision that banned race-based college admissions. The case that reached the Supreme Court was brought by Students for Fair Admissions, founded by Edward Blum, who also founded the American Alliance for Equal Rights and serves as its president.
In the Supreme Court decision, the justices left the door open for race to considered in some parts of the admissions process. For example, while reading an applicant’s essay, an admissions officer can note the student’s race as long as it is tied to another characteristic, such as courage.
But President Trump has been outspoken about his disdain for diversity and inclusion efforts, and his administration has argued for a more expansive interpretation of the decision.
Trump officials have argued that many programs that pursue racial diversity, or use proxies that might be linked to race, are also against the law. They have pursued investigations into scholarships and other programs that take race into account.
In the case against the Hispanic Scholarship Fund, the plaintiffs argue that the scholars program establishes a contractual relationship with students and is in violation of a section of the Civil Rights Law of 1866 that guarantees people the right to make and enforce a contract without regard for race.
The plaintiffs claim that in return for financial and professional support — between $500 and $5,000, along with mentorship opportunities — scholars agree to a set of obligations, like permitting the fund to use their name, image and likeness.
“There are lots of scholarship funds and grants that target certain races and religions and ethnicities that are legal,” Mr. Blum said in an interview. “This one, because it is of a contractual nature, falls outside of the law.”
The Hispanic Scholarship Fund did not immediately respond to requests for comment on the lawsuit.
Mr. Blum founded the American Alliance for Equal Rights in 2021 and has filed nearly 20 lawsuits against corporate, legal and educational entities.
Some legal scholars see the lawsuit as an effort to roll back decades of progress to integrate American life and to provide access and resources for marginalized people.
Justin Driver, a law professor at Yale University and the author of “The Fall of Affirmative Action,” called it “the latest salvo in a larger era of racial revanchism.”
“I believe that our nation confronts many profound problems today,” he said. “The idea that there are too many Latinos receiving college scholarships would, I believe, rank high on very few people’s lists.”
Mr. Blum said the case, filed in the U.S. District Court for the District of Columbia, was brought to his organization’s attention by an Asian American high school student, who is not named in the complaint. The student met all the eligibility requirements for the scholars program except one: He does not have Hispanic heritage.
Another student, who is also not named in the suit, is a white law school student, according to the court papers. The students withheld their names in the lawsuit because they are afraid of reprisals, the complaint says. Mr. Blum said both students needed financial support and noted they had sought scholarships elsewhere.
“I’m hoping that the Hispanic Scholarship Fund recognizes that what we have asserted in this lawsuit is correct, and they modify this very generous program to include all ethnicities and races,” Mr. Blum said.
Bernard Mokam covers breaking news.
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