LEAD
For RAcial Justice
Supporting Legal Education, Advocacy and Defense in California
Photo credit: Courtesy of California Black Power Network
Supporting legal education, advocacy and defense in California
Photo credit: Courtesy of California Black Power Network
About LEAD for racial justice
In the wake of the Supreme Court rulings in Students for Fair Admissions v. President and Fellows of Harvard, and Students for Fair Admissions v. University of North Carolina (SFFA), many organizations are left wondering what these anti-affirmative action decisions mean more broadly for racial equity and civil rights. Despite these attacks by opponents who want to stop our progress, racial justice programs remain legal. Yet, many nonprofits and funders are in need of accessible resources and hands-on support to navigate a complicated legal landscape, prepare themselves in this pivotal moment and chart a path forward.
Led by the California Black Freedom Fund, legal experts, advocates, and philanthropic leaders have joined forces to offer strategic guidance to California organizations and foundations. The Legal Education, Advocacy, and Defense (LEAD) for Racial Justice Initiative aims to provide robust and relevant legal education, as well as accessible tools, to nonprofit organizations serving communities of color to help them fully understand the legal landscape and their ability to conduct and invest in vital racial justice work.
The initiative will provide:
- clear legal analysis and answers to frequently asked questions about the Supreme Court ruling and its impact;
- in-person and virtual trainings for organizations;
- opportunities to request pro bono legal support for participating attendees;
- a learning community for community organizations to connect, learn and strategize.
LEAD for Racial Justice will offer trainings, individual assessments and technical assistance, and develop forward-looking solutions that build capacity for nonprofits and foundations and strengthen our collective resolve to advance racial justice.
Funder Partners
The following organizations have supported the LEAD initiative through planning or funding and are not responsible for the advice or guidance given by our legal partner organizations:
Legal Partners
The following organizations have been involved in the development and presentation of our legal education trainings:
About California Black Freedom Fund
Launched in 2021, the California Black Freedom Fund (CBFF) works to ensure that Black power-building and movement-based organizations in California have the sustained investments and support they need to eradicate systemic and institutional racism. Learn more at CABlackFreedomFund.org
Why LEAD?
For too long, systemic racism has denied too many Californians the freedom and opportunities that should be available to all. Despite the challenges, nonprofit and philanthropic organizations serving communities of color, and those most impacted by discrimination, have worked tirelessly to reshape our state into one where every person can reach their full potential, regardless of race.
In the wake of the Supreme Court rulings in Students for Fair Admissions v. President and Fellows of Harvard, and Students for Fair Admissions v. University of North Carolina and the settlement in Fearless Fund, many organizations are left wondering what these anti-affirmative action decisions mean more broadly for racial equity and civil rights. Additional legal challenges, policy proposals and narrative campaigns now target a number of race conscious programs, including a case against Fearless Fund, a grant program intended to level the extremely uneven playing field for Black women entrepreneurs. Despite these attacks by opponents who want to stop our progress, racial justice programs remain legal. Yet, many nonprofits and funders are in need of accessible resources and hands-on support to navigate a complicated legal landscape, prepare themselves in this pivotal moment and chart a path forward.
If left unchallenged, this domino effect could undermine our decades-long collective efforts to undo structural racism and discrimination in every sector. Without coordination and immediate action, we will continue to see a growing ”chilling effect” among philanthropy that may discourage and hinder racial justice.
It is more important than ever before for all of us to double down on our fight for racial equity throughout California. Over the past decade, we have seen increased and courageous commitment by philanthropic institutions to the cause of undoing the harm of structural racism and achieving racial justice.
We can’t stop now. Instead of retreating, we need to redouble our commitment to bolster the movement to build a California where everyone belongs and thrives.
News & Resources
LEAD in the News
A flurry of funding that went to Black nonprofits after George Floyd’s 2020 murder is being pulled back amid a right-wing backlash.
Relevant News
Discrimination lawsuit against Atlanta VC firm has far-reaching impacts
Atlanta Constitution Journal, July 31, 2024
An 11th Cir. decision ordering the Fearless Fund to preliminarily stop its grant program for women of color business owners, is having impacts well beyond venture capital. The Fearless Fund case is still being litigated, yet the lawsuit has already had significant impacts on the firm – revenue has dropped 38%, with all but two of the firm’s corporate partners backing out. Similar lawsuits have been filed against corporate and public entities for their Diversity, Equity, and Inclusion initiatives, efforts that expanded in 2020 after the murder of George Floyd as an attempt to combat systemic disparities. These legal attacks have caused increasing concern in the philanthropic sector as well, yet “…employers and corporations can still have robust DEI programs and can still support DEI efforts” in spite of these lawsuits, which should be seen as more a “hurdle” than “the nail in the coffin.”
Edward Blum’s American Alliance for Equal Rights Scores A Win — Sort Of
Bloomberg, August 15, 2024
American Alliance for Equal Rights, an organization founded by Edward Blum, an anti-DEI activist and lawyer, has sued a number of organizations, resulting in six of them changing their program offerings. He recently filed suit against Founders First, a small nonprofit that offered programs for underrepresented small business owners. AAER decidedly filed in the Northern District of Texas, where the case was presided over by US District Court Judge Reed O’Conner, who has a reputation of being a conservative judge who “reliably toss[es] out Democratic policies.” Judge O’Conner ordered Founders First to stop its grant program, resulting in the organization’s choice to settle the case, in which it agreed to no longer consider race when offering grants. Other organizations sued by AAER outside of the Northern District of Texas, such as, The Smithsonian Institution, have successfully ended the lawsuit by simply noting its program is open to everyone.
Georgia AG urged to investigate ‘white race favoritism’ in business
The Atlanta Journal-Constitution, Aug 13, 2024
Southern Poverty Law Center sent letters to the Attorneys General in Georgia, Florida and Louisiana, identifying companies that appear to be engaging in favoritism toward the white race and urging the AGs to ensure the companies are operating with race-neutral and meritocratic systems.
