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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
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 .
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.