SCHEMES, SEGREGATION OR BOTH: TWO READINGS OF SHAW V.
If the existence of a racial classification
could be based on statutory language alone, it would be difficult to argue disparate impact doctrine is itself a racial classification
Third, and related to this second point, DaCosta ironically finds that while multiracial activists fought for a new racial classification
, one that recognized and legitimated their multiracial identities, they did so within the longstanding U.
69) The Court has acknowledged that "[i]t is well established that when the government distributes burdens or benefits on the basis of individual racial classifications
, that action is reviewed under strict scrutiny.
considered the racial classification
of gamete donors in assisted
What did remain consistent, however, was the system of racial classification
that categorised West Indians as Europeans.
6) This is required whenever the government might wish to use racial classifications
of any kind, in full of in part, to apportion burdens or benefits, and for the same reason any plan using any type of racial classification
must also meet the legal definition of being "narrowly tailored" to achieve a "compelling government interest.
I only need refer to the Colonial era and the subsequent subjugation of numerous peoples, and the supposed scientific racial classification
of people into superior and inferior races.
These include those who identify their race as Asian, those who claim a racial classification
other than white, black, or Asian, and those who do not identify their race or ethnic origin.
Stolley observes in respect of the official use of racial classification
in the US: '[I]n an attempt to redress the oppression of the past and the denial of civil and economic justice .
24) To satisfy this strict scrutiny standard, the school districts had to demonstrate that the use of racial classification
was narrowly tailored to achieve a compelling state interest.
Readers might be left with the erroneous impression that the family of Emma Dunham Kelley-Hawkins ("Lost in Time," September 2005) had kept quiet about her mistaken racial classification
as African American for a very long time.