Civil Rights Complaint Challenges HHS Native Hawaiian Health Scholarship Program
A civil rights group filed a complaint with the Department of Health and Human Services alleging that the Native Hawaiian Health Scholarship Program, which has awarded hundreds of millions in full-ride scholarships to indigenous Hawaiian healthcare students since 1991, violates federal civil rights law by making awards based on race and ancestry. The complaint argues the program violates Title VI of the Civil Rights Act and the 14th Amendment's equal protection clause, claiming Native Hawaiians do not qualify for the special legal status that allows race-based federal benefits. HHS confirmed it is investigating the complaint, joining similar probes into other Biden-era healthcare training programs targeting minorities.
The Californians for Equal Rights Foundation filed a complaint with HHS's Office of Civil Rights challenging the constitutionality of the Native Hawaiian Health Scholarship Program, which has distributed hundreds of millions of dollars in full scholarships to over 300 indigenous Hawaiian students pursuing healthcare degrees since its 1991 establishment. The complaint contends that requiring applicants to "check a race or ancestry box" to receive federal aid violates Title VI of the Civil Rights Act, which prohibits excluding applicants from government programs based on race, color, or national origin, as well as the 14th Amendment's equal protection clause. The foundation's legal arguments, supported by constitutional law experts including Cornell University professor William Jacobson and Manhattan Institute attorney Ilya Shapiro, assert that federal law permits race-based benefits only under "highly unusual circumstances" and that Native Hawaiians, having remained part of Hawaii's political mainstream without separate governing structures, do not qualify as a tribe eligible for such protections. HHS confirmed in a June 1 letter that it is reviewing the complaint and investigating similar concerns about three Biden-era healthcare training grant programs restricted to minority applicants. The complaint reflects broader litigation strategy by groups promoting colorblind civil rights policies following the Supreme Court's 2023 decision striking down racial preferences in college admissions.
What's missing
The article does not include substantive response or counterarguments from HHS, Native Hawaiian advocacy organizations, or legal scholars who support the program's constitutionality. The historical and legal basis for federal recognition of Native Hawaiians' distinct status—including the Apology Resolution and the Native Hawaiian Government Reorganization Act—is not discussed. No information is provided about the program's stated outcomes or its role in addressing healthcare disparities in Native Hawaiian communities.
What different sources said
- Washington TimesRight
Civil rights complaint says HHS scholarship for Hawaiian natives violates federal laws
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