A small venture capital firm faced tough questions from conservative judges Wednesday as it defended a grant program for Black women-owned businesses in a lawsuit that has become emblematic of a growing legal backlash against corporate diversity programs.
It’s not necessarily racist or sexist. It does, however, discriminate on the basis of sex and race, and I assume that’s what you mean. That would be a problem in some circumstances–for example, housing, employment, or college admissions.
But this is–as I understand it–a private grant. If you’re giving away your own money, you should be able to give it away to whomever you want on whatever basis you want. And that’s the crux of the litigation. If the court decides the thing is actually a contract, the discrimination would be a big problem. But as a gift, it’s a different animal.