Legal Question in Civil Rights Law in Maryland

descriminatory scholarships
My daughters school sent home a listing of scholarships available and one of them , states frankly, African American Only. Now how can this be lawful? If it said White only I know there would be a problem. This particular scholarship is the Ron Brown Scholar program and there is no other requirement listed other than being African American. Someone want to make some money? And make an example out of this? Thanks

Asked on 12/29/04, 6:43 pm

2 Answers from Attorneys

William Farley Law Office Professional Corporation

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Re: descriminatory scholarships

The state itself cannot, consistent with the Fourteenth Amendment, award scholarships that are race restrictive.

However, if there is a private trust behind this scholarship that is race-restrictive, and no school district involvelment, there may be no violation because the state is merely acting to permit testators' lawful intent to be privately carried out.

A state generally may not be held responsible for private discrimination solely on basis that it permits the discrimination to occur, nor is a state under an affirmative obligation to prevent purely private discrimination.

Answered on 1/05/05, 6:27 pm

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