In re Ezra L. Totton Scholarship

Upon his death, Dr. Ezra L. Totton—who overcame significant barriers to pursue postsecondary education and went on to make substantial contributions as a chemistry researcher and professor—allocated 40 percent of his estate to charitable purposes. His gift established the “Ezra L. Totton Scholarship for Black students majoring in the physical sciences, preferably chemistry,” at the University of Iowa. Neither the gift letters sent to the University nor those sent to other charitable beneficiaries referred to first-generation students.

In 2025, the University filed an application seeking to modify the scholarship’s terms, asserting that it could no longer carry out Dr. Totton’s expressed intent because the restriction was unlawful under Students for Fair Admissions, Inc. v. Harvard College (SFFA). The University proposed to repurpose the scholarship to benefit “first-generation students majoring in the physical sciences, preferably chemistry.” The district court denied the University’s petition, holding that the University failed to demonstrate that SFFA applies to private scholarships. The University appealed to the Iowa Supreme Court.

The ACLU’s State Supreme Court Initiative, along with the ACLU of Iowa, the NAACP, and the NAACP of Iowa and Nebraska, filed an amicus brief in the state high court. The brief argued that, rather than deciding whether Dr. Totton’s gift restriction to Black students is unlawful, the Iowa courts could modify the allocation of the fund in recognition of the practical constraints the University faces, including the threat of litigation by the Department of Justice and the potential loss of state or federal funding. Our brief explains that, consistent with Iowa law on bequests, Dr. Totton’s gift to the University of Iowa could be redirected to one or more of the remaining charitable beneficiaries named in the gift instrument, or alternatively, could be returned to Dr. Totton’s family so that they may further distribute the funds in accordance with his charitable purpose.