Funders Must Continue to Be Bold in wake of Fearless Fund Decision
By Rebecca Hamburg, Chief Network Officer, CA Donor Table
Conservative legal attacks on our multiracial democracy got an assist from two Trump-appointed judges in the 11th Circuit in a panel ruling halting a scholarship program aimed at Black women entrepreneurs from a private equity group, known as Fearless Fund. “This is the first court decision in the 150+ year history of the post-Civil War civil rights law that has halted private charitable support for any racial or ethnic group,” Jason Schwartz, a lawyer with Gibson, Dunn & Crutcher, which is representing Fearless Fund, said in a statement emailed to The Washington Post. “The dissenting judge, the district court and other courts have agreed with us that these types of claims should not prevail.”
California Donor Table is not letting up on our commitment to shifting power to progressive communities of color. We remain steadfast in our commitment to strengthen political power and community wellbeing for the majority of the state’s population: Black, Latinx, Asian American Pacific Islanders, Indigenous, and people of color.
The pursuit of eliminating prejudice and discrimination remains a charitable exempt activity under Section 501(c)(3) of the tax code. Funders, including public and private foundations, must continue to be bold and pursue these goals even in the face of decisions like these. “[Grantmakers] need to deepen their defense of equity and justice, following the lead of foundations that have remained committed to explicitly supporting specific racial groups. The most important question to ask isn’t “How can we protect ourselves?” but “What are our values?” Supporting people of color as they pursue freedom and self-determination should top the list,” wrote Lori Villarosa of the Philanthropic Initiative on Racial Equity in the Chronicle of Philanthropy. “At this pivotal moment in history, conceding is not an option.” We agree.
We encourage our foundation partners to redouble their efforts with us. In this critical moment, we all must advance and defend our democracy, eschew attempts to pull back, and instead deepen our support for equity and justice. We are excited to see the launch of LEAD for Racial Justice, a legal education, advocacy and defense fund started by our friends at California Black Freedom Fund, to support organizations and foundations facing threats to their racial justice work. If anyone should be at the leading edge of pushing back and being bold, it is progressive funders who have the resources to resist these attacks.
