Federal Lawsuit Challenges Constitutionality Of California Internship Based On Race

Pacific Legal Foundation argues that every student regardless of ethnicity should be able to compete for merit-based internships funded by California's taxpayers.

Benioff Hospital UCSF wikimedia

 The world-renowned Benioff Children’s Hospital Oakland of the University of California-San Francisco is facing a federal lawsuit over its Community Health and Adolescent Mentoring Program for Success (CHAMPS), a high school internship program that according to the nonprofit Pacific Legal Foundation (PLF), "explicitly excludes students based on race." 
 
Launched in 2000, CHAMPS aims to increase minority representation in healthcare by offering an intensive three-year internship. Students shadow doctors during clinical rotations, take healthcare classes, complete hands-on projects, and receive college preparation support, such as SAT prep and application assistance. 
 
While the program is highly competitive and has rigorous academic and application standards, there is an additional requirement unrelated to academics or career preparation, declared the advocacy law firm: "Only students from UCSF Health’s preferred racial groups are eligible to apply. Other students are explicitly excluded." 

"G.H. is one such student. She is a high schooler who dreams of a medical career and would fully qualify to compete for UCSF’s internship program if race weren’t a factor. (We’re keeping her anonymous to protect her privacy.)  It’s wrong for the government to gate access to educational opportunities on the basis of race. Moreover, it’s unconstitutional," wrote Kate Pomeroy of PLF.  

“Equal opportunity means exactly that: Every student should have the chance to compete for programs like CHAMPS based on merit, not their skin color,” said attorney Andrew Quinio of Pacific Legal Foundation. “Students who dream of a medical career should not be excluded because of their race. UCSF can create opportunities to inspire future healthcare leaders, but it cannot use race to decide who participates,” he said according to a prepared statement. 
 
The Equal Protection Clause of the federal Constitution ensures that no state or government entity can deny any person within its jurisdiction the equal protection of the laws, which includes protection from racial discrimination. California’s Prop 209 also bans racial preferences in public education. The law firm will argue that UCSF, a public institution, has violated the clause.
 
Now, a qualified high school student, G.H.*, is challenging the program’s discriminatory eligibility criteria. Represented at no charge by Pacific Legal Foundation, she has filed a federal lawsuit, arguing that CHAMPS violates the U.S. Constitution and California law. The suit is Hooley v. UC Regents.

*The Pacific Legal Foundation is preserving the anonymity of the plaintive.
 

Topic tags:
california human rights constitution