Response to Supreme Court Decisions

Out for Undergrad
3 min readJul 5, 2023

The recent Supreme Court decisions on the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and 303 Creative LLC v. Elenis cases weigh heavily on the Out for Undergrad community.

We are alarmed by the decision against both Harvard and the University of North Carolina which eliminates the legal use of race-conscious higher education admissions, and the use of affirmative action to promote diversity, and ensure equal opportunity within the admissions process. By diminishing the role of race in the admissions process, this ruling disregards the importance of creating inclusive learning environments that reflect the rich diversity of our society. Additionally, this ruling overlooks the systemic racism within our society, goes against years of legal precedents, and perpetuates existing inequities for the most underrepresented groups.

Compounding our concern, the Supreme Court’s decision in 303 Creative LLC v. Elenis, which ruled in favor of a graphic designer who refused service to LGBTQ2+ couples based on religious beliefs, further erodes protections for the LGBTQ2+ community. This ruling sets a dangerous precedent by prioritizing personal beliefs over the fundamental rights of others, especially those in marginalized communities. Although the two rulings are separate actions with varied impacts, both decisions, at a core level, curtail opportunities and/or legal protections once held by individuals in the US.

Out for Undergrad’s mission to help LGBTQ2+, and otherwise diverse, undergraduate students reach their full potential, is more critical than ever and we will not stop fighting to support all in our community. We call on all in our community, including our partners, sponsors, and alumni to join us.

To our students: we are here for you. At a time when barriers seem to be increasing, we want to help propel you forward so that you can bring your full and authentic selves into educational communities and workplaces, where your voices need to be heard. We also want to be a part of increasing access to higher education for students who were previously covered by affirmative action practices. Therefore, to support access to higher education, O4U has created a fund of $10,000 USD to cover college application fee expenses for students from marginalized populations, including those who were previously supported by affirmative action policies, and students directly served by O4U MOSAIC programming. The O4U MOSAIC program provides intentional pre-conference support for Black, LatinX/E, and Indigenous/Native LGBTQ2+ undergraduate students.

An application for support is available on the Out for Undergrad website and it is our hope that this small act will inspire students to continue to pursue their dreams and demonstrate that there is a community wanting to invest in them. In addition to our conference experiences, we will also provide ongoing support through our Learning Community and Mentorship Program.

To corporations: we encourage you to be unintimidated and to continue utilizing your resources to ensure your workforce is not only effective, but also reflects the rich diversity of our society to the greatest extent possible. We encourage you to invest in the recruitment, retention, and advancement of your employees from all backgrounds and to ensure that your corporate culture models the values of diversity, equity, inclusion, and belonging.

And to our colleagues in higher education: we urge you to continue the work of supporting students and creating environments where diversity of thought and lived experience are valued and celebrated. Continue to utilize whatever latitude you have so that the many positive impacts of affirmative action are not diminished. You are uniquely positioned to have a direct and positive impact on the lives of so many students. We encourage you to continue working to ensure that students from all backgrounds can see themselves at your institution and have access to the support and opportunities to get them there.

To join us in this work, we encourage all to write to their elected officials and demand change; to patronize businesses that proudly support and serve the LGBTQ2+ community, and to contribute to growing the fund to support covering college application fees for diverse students.

Together, we will continue to work towards a more just and equitable future for LGBTQ2+ and otherwise diverse students and to stand with all those impacted by these rulings.

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