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Emphasizes Longstanding Legal Obligations for Institutions to Honor a Donor’s Intent, Notwithstanding Trump Administration’s Attacks on Diversity, Equity, And Inclusion
BALTIMORE, MD – Attorney General Anthony G. Brown joined a coalition of 10 states in releasing guidance on the rights and responsibilities of entities holding charitable scholarship funds for the benefit of members of protected classes such as race, religion, and gender. Attorney General Brown and the coalition issued the guidance in response to the Trump administration’s upheaval in the enforcement of civil rights law.
Recently, the Trump administration’s widespread attacks on diversity, equity, and inclusion programs, including its inaccurate characterizations of the 2023 U.S. Supreme Court decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (“SFFA”), have put pressure on entities holding private scholarship funds to lift restrictions on funds donated for the benefit of members of protected classes. In the guidance, Attorney General Brown and the coalition explain the limitations of SFFA to privately funded entities and scholarships, and remind all entities holding charitable funds of their legal obligation to protect a donor’s intent regardless of the Trump administration’s threats.
“Maryland is home to hundreds of nonprofit organizations and charitable entities responsible for awarding scholarships and education grants, many of which were created by donors who wanted to help members of historically marginalized groups earn an education,” said Attorney General Brown. “Our guidance makes it clear that these organizations have a legal duty to honor what donors intended when they gave their money, regardless of political pressure from Washington, D.C.”
Attorney General Brown and the coalition further explain that a donor’s gift is protected by the First Amendment, can only be changed in specific circumstances (often upon notice to the attorney general and after court approval), and should not be changed if there is another lawful way to accomplish the donor’s purpose. Attorney General Brown encourages privately funded trusts and charitable entities to contact the Maryland Attorney General’s Office if they are facing these concerns, and to seek the advice of private counsel before making changes in response to Trump administration threats or intimidation.
Joining Attorney General Brown in issuing the guidance are the attorneys general of California, Connecticut, Delaware, Minnesota, Nevada, New York, Oregon, Vermont, and Washington.
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