Race-based Discrimination

Discrimination based on race or ethnicity, in all its forms, is strongly opposed by the Foundation. We have recently been active in many legal actions where we have observed race-based discrimination, for example, in university degree acceptance policies and housing development. Our view regarding university policies such as affirmative action is consistent with the Supreme Court, such that race-neutral admissions approaches that promote educational diversity should be the first strategies employed prior to turning toward decisions made in a large part on a prospective student’s race or ethnicity. For example, AEF has supported Abigail Fisher in her case against the University of Texas at Austin’s race-based admissions practices.

The housing market is also an area where race-based discrimination has been opposed in court by AEF. Despite language in the Fair Housing Act and Equal Protection Clause of the Constitution prohibiting racial discrimination, regulations exist that force organizations who want to participate in the housing community to make race-based decisions, some of which are supported by the Department of Housing and Urban Development (HUD). We have argued against these moves by the HUD and various other departments and have supported progress toward race-neutral practices.

Read about these Foundation legal actions and more in our Amicus Briefs below.

Case Name:
Texas v. Inclusive Communities Project
Date Filed:
11/24/2014
Court:
U.S. Supreme Court
Foundation Action:

In this case, the Foundation argued with the State of Texas that employing race-based decision making to determine where low income housing is located is in violation of the Fair Housing Act and Equal Protection Clause of the constitution. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Abigail N. Fisher v. Univ of Texas at Austin
Date Filed:
08/05/2014
Court:
U.S. Court of Appeals for the 5th Circuit
Foundation Action:

In this case, which is an extension of our action in 2012 , we continued to argue in support of student Abigail Fisher against the University of Texas at Austin's race-based admissions policy. Our view regarding university policies is consistent with the Supreme Court, that race-neutral admissions approaches that promote educational diversity should be the first strategies employed and be exhausted prior to turning toward decisions made in a large part on a prospective student's race or ethnicity. We partnered with Judicial Watch on this action.

Verdict:
Pending

Case Name:
American Insurance Association and National Association of Mutual Insurance Companies v. U.S. Department of Housing and Urban Development, (“AIA v. HUD”)
Date Filed:
02/03/2014
Court:
U.S. District Court for the District of Columbia
Foundation Action:

Here, the Foundation argued against a regulation of the Department of Housing and Urban Development that forces market participants to make race-based decisions in all of their business practices related to a given community, a regulation that we believe is in violation of the Equal Protection Clause and Fair Housing Act. We partnered with Judicial Watch on this action.

Verdict:
Victory

Case Name:
Bill Schuette, Michigan Attorney General v. Coalition to Defend Affirmative Action
Date Filed:
07/01/2013
Court:
U.S. Court of Appeals 6th Circuit
Foundation Action:

AEF argued in this case that Michigan voters have the right to ban race and sex-based discrimination in the public university admissions process as part of their state constitution. We partnered with Judicial Watch on this action.

Verdict:
Victory