Roger Colinvaux, a professor at Catholic Law, recently published an op-ed in The Chronicle of Philanthropy. The article comments on a recent settlement of litigation in the 11th Circuit by a charity, the Fearless Foundation, that was ordered to shut down its grant program in favor of Black women owned businesses. Since the Supreme Court's ruling against affirmative action in higher education, charitable and other DEI programs have been on the defensive, fighting an onslaught of litigation. The piece argues that charities must continue to champion the freedom to pursue privately funded solutions to societal issues as a new civil rights struggle.

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The Chronicle of Philanthropy
Date: September 17, 2024
By: Roger Colinvaux
What the Fearless Fund Settlement Means for Philanthropic Freedom

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Ever since the Supreme Court ruled last year that affirmative action in higher education was unconstitutional, a tidal wave of legal attacks against diversity, equity, and inclusion programs has swept the country. The targets include government programs for businesses owned by people of color, scholarships based on race and other identities, and diversity fellowship programs at law firms and nonprofits, including at the Smithsonian and the American Association of University Women.

So far, the attacks are working. A string of victories by groups opposed to affirmative action have put charities and foundations on the defensive. Some are changing their programs to avoid costly lawsuits; others are settling litigation to avoid court rulings that could create adverse precedents.
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