University of California (U.C.) San Diego university had the Black Alumni Scholarship Fund, which was only available to black students. It was able to avoid violating Proposition 209, an anti-affirmative action law, by transferring the scholarship to a private non-profit that is not subjected to the law.
Jarrett Stepman, columnist of The Heritage Foundation, affirms that U.C. San Diego shifted funds for a scholarship program to an off-campus nonprofit, which supposedly allowed them to award scholarships to blacks only. But they eventually got sued.
As The Daily Signal reports, Californians for Equal Rights Foundation through the Pacific Legal Foundation was able to sue on behalf of student Kai Peters. He claimed “institutional racism” for being denied the scholarship because he is not black.
"It was actually sued under a law called the Ku Klux Klan Act, which was actually passed in the 19th century to prevent conspiracy between a public entity and a private organization to deprive Americans of their civil rights. So, that was essentially used against the school," informs Stepman.
He notes that the university renamed the program and opened it to students of all races to avoid going to court. It is now called the Lennon Goins Alumni Scholarship Fund.
According to a statement from U.C. San Diego, They are thankful for all supporters who have helped fund these student scholarships and “are committed to complying with all federal and state anti-discrimination laws.”
Stepman says that this sends a loud warning to other colleges and universities attempting to do the same thing.
"That's a part why this particular case is so important because it shows that the Ku Klux Klan Act does have real teeth going after these schools. So, while other schools may attempt to create such scholarships, they now have that legal threat hanging over their heads," explains Stepman.
