The Council on Foundations (COF) and Independent Sector (IS) have issued a letter, signed by several major funders, voicing support for the Fearless Foundation amid its legal battle with the American Alliance for Equal Rights. In addition, COF and IS filed an amicus brief defending foundations and asserting their First Amendment right to make grants that align with their values.

The Fearless Foundation—which is led by Black women working to address funding inequality by providing grants, tools, and mentorship to Black women business owners—faces a lawsuit filed by the American Alliance for Equal Rights, which claims the program is racially discriminatory. The brief voices support for Fearless Fund and calls on the court to dismiss the lawsuit, arguing that philanthropies and individuals have a constitutional right to donate to charitable causes that align with their values, including efforts to assist historically marginalized groups.

In an open letter, "Stand With Us for Philanthropy," the organizations echo similar points from the brief. “While we have different views funding priorities, and values,” the letter states, “we, the undersigned, stand together in affirming that: Philanthropic donations support our communities in ways that mirror the diversity of our priorities and interests. Charitable giving is expressive conduct and a form of nonpartisan, constitutionally protected speech. Philanthropy has a positive impact for communities and charitable causes across the country, including supporting historically marginalized groups and communities. Philanthropic organizations, charitable nonprofits, and individual donors have the right to exercise their views through giving, as protected by the First Amendment, even when others might disagree with where a funder chooses to donate. However, together, we have a duty to ensure that charitable dollars never promote hate, extremism, and violence.”

Signatories to the letter as of December 14 include the Charles Stewart Mott, Ford, John D. & Catherine T. MacArthur, Marguerite Casey, Robert Wood Johnson, California Wellness, and Rockefeller foundations, as well as the Global Fund for Women, National Council of Nonprofits, and Omidyar Network.

(Photo credit: Getty Images/Jacob Wackerhausen)