INTRODUCTION
Purported Charity A discriminates in favor of White individuals and against Black individuals. Purported Charity B discriminates in favor of Black individuals and against White individuals. Is either form of racial discrimination3 permissible for a charity The question is salient and timely. Our nation faces a stark choice between two competing visions of how the law should assess racial discrimination. One view, articulated in the epigraph above from Professor Ibram X Kendi, is that racial discrimination in favor of members of minority groups is an appropriate response to society’s prior discrimination against them. A competing view, articulated in the epigraph above from Students for Fair Admissions v Harvard, is that racial discrimination is odious tout court …
Thomas P Gallanis, Is Racial Discrimination Ever Charitable? 2025 University of Illinois Law Review 146. Online 19 October 2025.
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