The charitable trust has become a major source of social beneficence and public welfare. Its significance extends from the national research foundations to the relatively limited municipal trusts, but each affects large numbers of people. Added to this is the American belief in allowing a person to dispose of his property to whom he wishes and under whatever restrictions. However, it has become evident that the great social influence made possible by charitable trusts will not permit invidious, irrational discriminations. The answer in large part appears in requiring that charitable trusts conform to the principle of equality contained in the fourteenth amendment.

I. Introduction

II. Active Governmental Involvement in Charitable Trusts

III. Public Function Theory and Discriminatory Charitable Trusts

IV. Judicial Action in Aid of Discrimination

V. Conclusion