Kevin R. Keller is CEO of CFP Board, the professional body for personal financial planners in the U.S. He is an alumnus of The Ohio State University (M.S. 1987, B.S. 1983).
When the U.S. Supreme Court prohibited consideration of race as a factor in college and university admission decisions last June, it felt more like a beginning than an end.
As it turns out, the decision is now having as direct impact on my legacy.
The ruling rolled back decades of precedent and progress, but it also triggered an avalanche of questions: Would its impact extend beyond the halls of academia? Would efforts to promote equity for women come under attack? What would this cruel dismissal cost the millions of people who experience bias and prejudice in America every day?
It turns out the Students for Fair Admissions v. Harvard decision was the tip of a spear that fractured a critical foundation in this country.
Cracks continue to spread, as resources, support and opportunities crumble for a growing number of marginalized Americans. As soon as the decision came down, many companies quietly reduced their support for diversity programs amid legal uncertainty.
Sweeping interpretations of the rule now threaten to snuff out philanthropic freedom, as universities eliminate scholarships that channel support to underrepresented students of all kinds.
More:Ohio AG Dave Yost warns colleges: Employees could pay if they ignore Supreme Court
This country has a rich history of charitable giving that stretches back to the colonial era. Americans continue to be a generous lot.
Despite inflation and economic volatility, U.S. charitable giving reached $557 billion in 2023. Philanthropy is woven into the fabric of our democracy and strengthened by the First Amendment freedoms enshrined in our Constitution.
The freedom to give voluntarily without restriction or coercion drives that generosity. Simply put, people give more when they are free to support causes close to their hearts.
I grew up in rural Ohio, where farmlands extend for miles, but the world felt small. In tiny towns all over the Midwest, access to jobs, health care, housing and perspective can be in short supply.
When I arrived on the campus of Ohio State as an undergrad in 1979, I found support and opportunities that led to a fulfilling career, travel and a rich appreciation for the life experiences of others. I’ve also developed a deep compassion for young people who share the isolation I felt growing up in a rural community.
That’s why in 2015 my husband Keith and I established a scholarship at The Ohio State University to support LGBTQ+ undergraduate students. 2015 was also the year of the landmark Supreme Court ruling that legalized same-sex marriage.
Our scholarship was one of the first of its kind at the school.
Ohio State’s Office of Diversity and Inclusion is also among the first of its kind. Founded in 1970, it focused on recruiting and supporting students from underrepresented populations long before DEI programs became mainstream.
Like so many who endow scholarships, this is my legacy. It’s my gift to the university that helped me find my way in the world and a personal commitment to lower just one of the many barriers LGBTQ+ students face.
LGTBQ+ kids are more than four times as likely to attempt suicide than their peers.
Unfortunately, the struggles continue in adulthood.
In 2023, state legislatures introduced at least 510 anti-LGBTQ+ bills, according to the American Civil Liberties Union.
And between June 2022 and April 2023, there were more than 350 anti-LGBTQ+ hate crimes in the United States. This year is it tracking 567.
Following the 2023 Supreme Court decision to eliminate race from admission decisions, Ohio Attorney General Dave Yost advised university leaders to adhere to the ruling with “strict scrutiny” or risk personal liability.
The Columbus Dispatch reported that Yost told university general counsels in late January that proper compliance with the ruling also includes scholarships.
“Although the court did not expressly prohibit race-based scholarships, it indicated that ‘eliminating racial discrimination means eliminating all of it,’” said Bethany McCorkle, Yost’s chief spokesperson. “Race-based scholarships discriminate on the basis of race in awarding benefits. Therefore, it would follow that such programs are unconstitutional.”
Continuing that line of thinking, Ohio State determined that our privately funded scholarship supporting LGBTQ+ students from rural communities runs afoul of the court.
The Kevin R. Keller Endowed Scholarship Fund supports academically successful undergraduates who demonstrate financial need, with preference given to students who identify as LGBTQ+ and those from small Ohio communities.
Opinion:100s of millions in scholarships for Black, brown students up in the air in Ohio on AG’s call
Support for students who demonstrate financial need still passes muster.
Students from small communities also still have access to funds. However, in a grave betrayal of the spirit of our scholarship, Ohio State no longer permits any awards preferring LGBTQ+ students.
Rooted in fear, the elimination of this scholarship and others like it is an act of cowardice. It is an insult to the mission of Ohio State’s Office of Diversity and Inclusion.
It is an assault on the students whom the university claims to serve.
It is a boot on the First Amendment rights of donors. And worst of all, it is probably just the beginning.
Kevin R. Keller, CAE, is CEO of CFP Board, the professional body for personal financial planners in the U.S. He is an alumnus of The Ohio State University (M.S. 1987, B.S. 1983).