The Equal Protection Project (EPP)(EqualProtect.org) of the Legal Insurrection Foundation has challenged numerous racially discriminatory programs done in the name of Diversity, Equity, and Inclusion. This discrimination comes in a variety of ways, but the overarching theme is to exclude or diminish some people, and promote others, based on race, color, or ethnicity.
The latest iteration is the “Joey Lee Garmon Undergraduate Multicultural Student Scholarship” at Kansas State University (K-State). To be eligible, applicants “must be of an ethnic group that has been historically and traditionally oppressed in the achievement of academic and leadership endeavors,” with special preference given to “applicants of African American, American Indian, Asian American, and Latinx American heritage”.
EPP has filed a Civil Rights Complaint with the Office of Civil Rights of the U.S. Department of Education. As full copy is at the bottom of this post, and reads in part:
K-State’s creation, ongoing sponsorship and active promotion of a scholarship for which eligibility depends on ethnicity and race violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution as well as Title VI of the Civil Rights Act of 1964 (“Title VI”) and its implementing regulations. See 42 U.S.C. § 2000d et seq.; 28 C.F.R. Part 100; see also Gratz v. Bollinger, 539 U.S. 244, 276 n.23 (2003) (“We have explained that discrimination that violates the Equal Protection Clause of the Fourteenth Amendment committed by an institution that accepts federal funds also constitutes a violation of Title VI.”).The unlawfulness of such racial preferences was confirmed recently by the United States Supreme Court in Students for Fair Admissions Inc. v. President & Fellows of Harv. Coll., 2023 U.S. LEXIS 2791 (2023). There, the Court declared that “[e]liminating racial discrimination means eliminating all of it …. The guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color. If both are not accorded the same protection, then it is not equal.” Id. at 34 (cleaned up). “Distinctions between citizens solely because of their ancestry [and race] are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality.” Id. at 35 (citation omitted).OCR should investigate K-State’s blatantly discriminatory Garmon Multicultural Scholarship and the circumstances under which it was approved, take all appropriate action to end such discriminatory practices and impose remedial relief. This includes, if necessary, imposing fines, initiating administrative proceedings to suspend, terminate, or refuse to grant or continue federal financial assistance, and referring the case to the Department of Justice for judicial proceedings to enforce the rights of the United States.
The Complaint also provides the factual background including screenshots:
The Garmon Multicultural Scholarship provides $700 to currently enrolled, fulltime undergraduate K-State students “of historically underrepresented backgrounds.”3 To be eligible, applicants therefore “must be of an ethnic group that has been historically and traditionally oppressed in the achievement of academic and leadership endeavors,” with special preference given to “applicants of African American, American Indian, Asian American, and Latinx American heritage” (emphasis added).4
The deadline date for applications is Friday, October 6th, 2023.5 The selection of the scholarship recipients will made by “a committee of university representatives,” and the scholarship will be awarded for the spring 2024 semester.6 [image omitted]The centrality of race and ethnicity to K-State’s selection of the Garmon Multicultural Scholarship recipients is apparent. K-State offers a separate award called the Joey Lee Garmon Undergraduate Social Justice Scholarship (“Garmon Social Justice Scholarship”) “to one undergraduate of any background who demonstrates exemplary efforts to advance social justice” (emphasis added).7The Garmon Multicultural Scholarship eliminates the “any background” language and adds racially restrictive criteria.8 Unlike the Garmon Social Justice Scholarship, the Garmon Multicultural Scholarship will only be awarded to applicants who are “of an ethnic group that has been historically and traditionally oppressed in the achievement of academic and leadership endeavors to include applicants of African American, American Indian, Asian American, and Latino/a American heritage.”9 A screenshot of the relevant portions of the Garmon Multicultural Scholarship informational flyer is reproduced below:
The Complaint concludes:
Because awarding scholarships on the basis of race and ethnicity – with special preference given to “applicants of African American, American Indian, Asian American, and Latinx American heritage” – is presumptively invalid, and since K-State cannot show any extraordinary government justification for such invidious discrimination, its conduct violates federal civil rights statutes and constitutional equal protection guarantees.The Office for Civil Rights has the power and obligation to investigate K-State’s role in creating, sponsoring, supporting and promoting Garmon Multicultural Scholarship – and to discern whether K-State is engaging in such discrimination in their other activities – and to impose whatever remedial relief is necessary to hold the school accountable for its unlawful conduct. This includes, if necessary, imposing fines, initiating administrative proceedings to suspend or terminate federal financial assistance, and referring the case to the Department of Justice for judicial proceedings to enforce the rights of the United States under federal law. After all, “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Parents Involved in Cmty. Sch., 551 U.S. at 748.Accordingly, we respectfully ask that the Department of Education’s Office for Civil Rights impose remedial relief as the law permits for the benefit of those who have been illegally excluded from the Garmon Multicultural Scholarship based on discriminatory criteria, and that it ensures that all ongoing and future programming through K-State comports with the Constitution and federal civil rights laws.
The story has been picked up by numerous publications. The Daily Caller News Foundation reported:
Cornell Law School Professor William A. Jacobson, founder of EqualProtect.org, said in a statement provided to the Daily Caller News Foundation that KSU “apparently did not get the message of the Supreme Court’s recent affirmative action ruling.”
“Erecting barriers to access based on race and ethnicity is a constitutional and legal harm,” Jacobson said. “There undoubtedly are students who will not bother to apply because they have the wrong skin color or ancestry. KSU not only needs to drop the racial litmus test, but also promote the fact that it is doing so.”
KMAN Radio in Manhattan, Kansas (where K-State is based), reported:
A legal nonprofit has filed a federal civil rights complaint against Kansas State University, alleging an annual scholarship it promotes is racially discriminatory and violates federal law.In its complaint, The Legal Insurrection Foundation’s Equal Protection Project alleges K-State’s Joey Lee Garmon Undergraduate Multicultural Student Scholarship violates Title VI of the Civil Rights Act for recipients of federal money to create, support and promote a racially segregated program. It also alleges such conduct violates the Equal Protection Clause of the 14th Amendment….In a statement provided to KMAN, Cornell Law School Professor and founder of EqualProtect.org William A. Jacobson says, “Erecting barriers to access based on race and ethnicity is a constitutional and legal harm. There undoubtedly are students who will not bother to apply because they have the wrong skin color or ancestry. KSU not only needs to drop the racial litmus test, but also promote the fact that it is doing so.”
The Mercury newspaper in Manhattan, Kansas, reported:
A legal nonprofit organization said Wednesday it has filed a federal civil rights complaint with the U.S. Department of Education’s Office of Civil Rights in Kansas City against K-State. The complaint alleges that K-State’s annual scholarship for diversity actually violates federal law with racial discrimination.
The organization is the Legal Insurrection Foundation’s Equal Protection Project, a conservative organization that describes itself as being against “any form” of racism.
Fox News digital wrote:
Jacobson said that KSU “apparently did not get the message” the Supreme Court’s recent ruling with rejects the use of race as a factor in college admissions as a violation of the 14th Amendment’s Equal Protection Clause.”Kansas State University apparently did not get the message of the Supreme Court’s recent affirmative action ruling. Racial discrimination in the name of ‘diversity’ is not okay,” Jacobson said. “While the Supreme Court’s decision was in the context of admissions, its ruling on the Equal Protection Clause applies more broadly whenever race is used as a factor in educational opportunities.” ….
Jacobson said the EPP is calling upon the university to remove the alleged “racial litmus test” on the Garmon Scholarship and open it to all students.”We call on the KSU President to look into how this racial preference made its way onto campus, and to commence an investigation whether any other racial preferences exist,” Jacobson told Fox News Digital. “EqualProtect.org would be willing to assist in such an investigation without charge to the university in the interest of promoting equality and equal protection.”
We are continuing to act on tips and to seek out opportunities to challenge discrimination done in the name of Diversity, Equity, and Inclusion. But we need your help. We are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.
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