Columbus, OH – On Wednesday, The Buckeye Institute, joined by Mountain States Legal Foundation, filed an amicus brief in Association for Education Fairness v. Montgomery County Board of Education, calling on the U.S. Supreme Court to hear the case and tell Montgomery County Public Schools that discriminating against a group of students based on race to increase diversity is still discrimination and violates the equal protection clause of the U.S. Constitution.

“In Students for Fair Admissions v. Harvard, this court ruled that ‘[W]hat cannot be done directly cannot be done indirectly,’ namely, discriminating based on race,” said David C. Tryon, director of litigation at The Buckeye Institute. “But that is just what Montgomery County Public Schools is doing—discriminating against one group of students based on their race in favor of other groups of students based on their race. That is still discrimination, and it still violates the U.S. Constitution.”

In their brief, amici argue that guidance from the U.S. Department of Education on what constitutes a violation of Title VI has shifted dramatically from one administration to the next, and that only the U.S. Supreme Court can provide a clear interpretation of constitutional questions about race. Amici further argue that Students for Fair Admissions v. Harvard should be extended to K-12 programs and that the constitutional rule—that government may not intentionally favor or disfavor students based on race—must apply from kindergarten onward. 

Pacific Legal Foundation represents the Association for Education Fairness.

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