Imagine a high school senior anywhere in America with a 4.0 GPA, rigorous coursework, and an extensive record of volunteering and community service. He plans to attend a four-year university but, like millions of families, worries about how to afford it. He discovers a prestigious national scholarship fund offering mentoring, leadership training, and up to $5,000 in financial aid.

He meets every requirement except one: He is not Hispanic.

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This week, the American Alliance for Equal Rights filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging this race-exclusive policy under the Civil Rights Act of 1866, which prohibits discrimination based on race. This program is not a simple charitable grant with no strings attached; it is, in legal terms, a contract, and race-based contracting has been illegal for more than 150 years.

Since 1975, the Hispanic Scholarship Fund has distributed more than $750 million to tens of thousands of students. Its mission to help Hispanic students succeed in higher education is laudable, but it is pursuing them unlawfully. HSF’s rules are unambiguous: The program is open only to those who “identify as being of Hispanic Heritage” and who are “at least one-quarter Hispanic/Latino.” Non-Hispanic applicants are categorically prohibited from even applying, regardless of their academic merit or financial need.

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