Parental Handbook
 

Conclusion

In addition, Amici can argue the separate interest of parents opposed to the racial discrimination of their children in their school assignments in the ongoing “desegregation” supervisions. History teaches that amici curiae presentations have been very effective where an interest against racial discrimination is not otherwise represented in a proceeding before the court. See dictum in Jackson v. Pasadena City School District (1963), reviewed in Note, 51 Cal.L.Review 810).

Another precedent supports appointment of an attorney as amicus curiae in a case where an important interest against race discrimination is otherwise unrepresented.

The maintenance of a form of racial discrimination prompted the judicial appointment of an amicus curiae in Bob Jones University v. United States, 456 U.S. 922 (1982). The interests to be advanced by an amicus in these “desegregation” class actions may be compared to those against racial discrimination in Bob Jones University v. United States, 461 U.S. 574 (1983). Being unrepresented, those interests were presented by the appointed amicus in that case.

Bob Jones University, a private religious university, had a policy prohibiting interracial dating and marriage by its white and black students. This was racially discriminatory, according to Internal Revenue Service policy, which formed the basis for denying a claimed tax exempt status. Id. at 581.

The Court found the university policy was a form of racial discrimination (reportedly since discontinued), and upheld amicus’ position in support of the judgment below finding the IRS policy was properly applied to Bob Jones University. Id. at 605.

In the course of its ruling, the Supreme Court emphasized that there is a national policy against racial discrimination in education, and that the government has a fundamental, overriding interest in eradicating it. Id. at 593,604.

Jackson 

Jackson v. Pasadena City School Dist., 59 Cal.2d 876 (1963)
Pasadena, California
 

Carlin v. Board of Education, San Diego Unified School District, San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

Bob Jones 

Bob Jones University v. United States, 456 U.S. 922 (1982)
 

Bob Jones University v. United States, 461 U.S. 574 (1983)
 

Board of Education v. Superior Court, 61 Cal.App.4th 411 (Feb.1998)
[conclusion of Carlin v. Board of Education]
San Diego, California
 

— Handbook: Conclusion, pages 85 - 88 —