Litigation Update: Wisconsin Equal Protection and Race Based Scholarships

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A biracial Wisconsin couple—Konkanok Rabieba and Richard Freihoefer—is suing the state of Wisconsin over its Minority Grant Program: a state scholarship program which awards education grants to certain minorities but not to others or to whites.  Although the plaintiffs’ son is half Thai, he is ineligible to apply for the Program because applications are only accepted from persons who are black, Hispanic, American Indian, or “admitted to the United States after December 31, 1975, and who either is a former citizen of Laos, Vietnam or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam or Cambodia.”  Rabieba and Freihoefer allege that administration of the program on this basis unconstitutionally discriminates against non-minorities and minorities not included in the program's defined class on the basis of race and national origin in violation of the Wisconsin state constitution.  


Rick M. Esenberg, Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty 


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