Arian Simone, CEO and Founding Partner of Fearless Fund and Founder of the Fearless Foundation responds after a ruling that could upend diversity efforts.
The United States Court of Appeals for the Eleventh Circuit upheld the injunction against the Fearless Foundation that has prevented the nonprofit organization from issuing grants to women of color-owned businesses since last August. The judges sided with Edward Blum, president of AAER, who filed the lawsuit.
A three-judge panel, two judges appointed by Donald Trump and one by President Barack Obama, ruled 2-1 that Fearless Fund is not protected by the First Amendment in its efforts to provide grants for Black women in business.
The court ruled that the Fearless Fund violated the 1866 Civil Rights Act which prohibits the use of race in making contracts. The original law was issued to remedy discrimination against Black Americans post-slavery.
Simone shared her thoughts on the ruling.
“In this fearless moment, we should all be motivated to fight after today’s decision,” Simone said. “This is devastating for the Fearless Fund and Foundation, and for the women in which we have invested in. I am shattered for every girl of color who has a dream but will grow up in a nation determined not to give her a shot to live it. On their behalf, we will turn the pain into purpose and fight with all our might.”
Simone also spoke about how the ruling will impact DEI efforts moving forward.
“The message these judges sent today is that diversity in Corporate America, education, or anywhere else should not exist,” she said. “If this was truly about exercising free speech with your dollars — an American tradition as old as this nation itself — the results would have been different. Instead, these judges bought what a small group of white men were selling. They countered the rulings of other courts sued on similar grounds. America is supposed to be a nation where one has the freedom to achieve, the freedom to earn, and the freedom to prosper. Yet, when we have attempted to level the playing field for underrepresented groups, our freedoms were stifled.”
The Fearless Fund’s leader revealed that the fight will continue as she works to assist Black women who own businesses.
“We are still open for business,” Simone said. “The Fearless Fund has worked tirelessly with what resources we have to support underrepresented communities. Our grants are essential for some companies. Women of color continue to lead the entrepreneurial pack and need support. I will not give up on this fight. Our founders will not give up on this fight. Americans cannot give up on this fight. The world will not give up on this fight. Instead, we must unite and stand together in this moment. We must keep up this fight for the next generation of girls who deserve to grow up in an America that lets them realize their dreams instead of outlawing them.”
