A federal judge has ruled that a lawsuit alleging discrimination against Asian students in a New York state-funded academic program can proceed, despite efforts to have the case dismissed.
The lawsuit centers around the Science and Technology Entry Program (STEP), which requires white and Asian applicants to prove low-income status, while black, Hispanic, and Native American students are exempt from this requirement.
“The NY STEP program discriminates against Asian and White students by setting entry barriers that do not apply to Black, Hispanic, and Native American students,” stated William Jacobson, a Cornell professor and founder of the Equal Protection Project, in a statement to Fox News. The lawsuit, backed by the Pacific Legal Foundation and Jacobson’s Equal Protection Project, aims to ensure “constitutionally guaranteed equal protection of the law.”
On November 22, US District Judge David N. Hurd ruled against a motion by New York State Education Commissioner Betty Rosa to dismiss the case. The state had argued that the plaintiffs lacked legal standing to challenge the program’s requirements.
“The State of NY tried to get the case dismissed, asserting that the Asian parents did not have legal ‘standing’ to challenge the discrimination. We are very pleased that the court has rejected that challenge and has permitted the case to move forward,” Jacobson said. “We look forward to fully vindicating the rights of all students to apply for the STEP program free from discrimination based on race or ethnicity.”
The STEP program, according to its website, aims to “increase the number of historically underrepresented and economically disadvantaged students prepared to enter college, and improve their participation rate in mathematics, science, technology, health-related fields, and the licensed professions.”
The plaintiffs are seeking declaratory and injunctive relief to invalidate the program’s race-based eligibility requirements, arguing that they violate the Constitution. If successful, the lawsuit would prevent New York from enforcing such criteria.
