Columbus, OH – On Monday, The Buckeye Institute joined the American Civil Rights Project and the Manhattan Institute in filing an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit in American Alliance for Equal Rights v. Fearless Fund, calling on the court to bar racially discriminatory contracting practices.

“Numerous courts, the United States Congress, and the U.S. Constitution all make it clear that racial discrimination in contracting is illegal,” said David C. Tryon, director of Litigation at The Buckeye Institute. “Despite this, Fearless Fund unapologetically chooses who they are willing to contract with based on race. This race-based litmus test violates the law and the U.S. Constitution.”

In the brief, the amici argue that in awarding grants based on race, the Fearless Fund violated the Civil Rights Act of 1866, the Civil Rights Act of 1991, and the Fourteenth Amendment of the U.S. Constitution.

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UPDATE: On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued its decision in favor of the American Alliance for Equal Rights, ruling that the Alliance has standing to sue and that the Fearless Fund’s contest “is substantially unlikely to enjoy First Amendment protection, and inflicts irreparable injury.”