Pro-choice supporters at US Supreme Court (Photo by iStock/Joel Carillet)

Late last month, I spent time working on this article about the effects of the impending reversal of Roe v. Wade on the way we strategize about and conduct fundraising efforts in the independent sector. The loss of reproductive rights for millions of Americans and the inevitable associated punitive legal measures taken against people who seek or perform abortions will have far-reaching consequences.

While I was outlining some of those direct and indirect ramifications, I saw the breaking news of the mass shooting at Robb Elementary School in Uvalde, Texas. News like that tends to bring all other thoughts to a screeching halt. It takes a while to cycle through a range of emotions—disbelief, grief, anger, despair, and then possibly, motivation to affect change.

I would like to honor and hold space for the 19 children and two teachers killed in that senseless massacre before continuing.

Now let’s consider how tragedy, politics, human rights, and news cycles influence the fundraising work we do every day in the nonprofit world.

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Overturning Roe v. Wade

Regardless of a nonprofit’s mission, the act of fundraising does not happen in a vacuum. The environment in which we operate influences service delivery, communications, funding sources, and fundraising strategy. The last two years that were characterized by the COVID-19 pandemic and social unrest have proven that many times over.

In May, a draft of a US Supreme Court decision that would strike down the landmark 1973 ruling that effectively legalized abortion in the United States was leaked and published by Politico. “The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion,” Politico reported.

Though Justice Alito’s leaked “Opinion of the Court” is just a first draft document, there is little expectation that the core of the opinion will change before it is officially issued. There are thousands of lawmakers, pundits, and activists on both sides of the issue who will debate the legality of and access to safe abortions. What we’ll focus on here is the butterfly effect that overturning Roe v. Wade will have on the independent sector.

Abortion Is No Longer a ‘Whisper Word’

Several years ago, I was a development director (and a volunteer clinic escort) for a local Planned Parenthood affiliate. Over decades and long before I was a part of the effort, Planned Parenthood and other groups like them learned that it was safer to discuss “women’s health care” or “reproductive care” than to overtly use the word abortion, even in written fundraising appeals to known supporters.

To be fair, clinics like those run by Planned Parenthood are about much more than just abortion. They offer preventative and diagnostic care, annual PAP smears, cancer screening, referrals for mammograms, and in some locations, access to hormone replacement therapy (HRT). So “women’s health care” is an accurate characterization.

Yet what I’m describing is much more than wanting to be inclusive of all services being offered. Even those of us who believe wholeheartedly that a person who can become pregnant should retain the full and legal right to decide if they will become pregnant have habitually softened our language around the subject in an effort to not cause offense or start unwanted conflict. Our fundraising department would jump through hoops to raise funds to support the mission while saying the word abortion as seldom as possible. In fact, many of our funders would provide support for all services except abortion.

One leaked Supreme Court decision later and abortion is no longer a word that must be hidden away in a back alley. Social media is the perfect example of this phenomenon. As long as the right to obtain an abortion was considered a given (however inaccurately) because of Roe and Planned Parenthood v Casey, people would privately believe in the right to an abortion while publicly appearing neutral. Those days are over, at least for the foreseeable future. People who would never before wade into the fray are being confronted with the reality that more than half the population of the United States (people who can become pregnant) will soon be considered less than a full human, by virtue of the fact that they will not have the right to decide whether or not to procreate.

I have already seen this shift in action. At a recent rally in Florida, hosted by Planned Parenthood and the Women’s March, where fundraising previously would have focused on unrestricted funds for reproductive care, there was a focused effort to raise money specifically designated to the local Planned Parenthood’s abortion fund. This was a calculated shift in fundraising strategy that was well-received by supporters.

This new understanding is likely to increase the number of organizations that overtly raise money for abortion-related funds on larger platforms. Giving Tuesday or regional giving days are a great example. In previous years, organizations with abortion-adjacent missions were likely to focus on raising funds for their other programs during the increased exposure and hype of giving days for fear of alienating potential donors. This year, they should use that increased promotional energy to reach potential donors who want to support the ability of any person to legally and safely obtain an abortion.

Fundraising for Abortion-Related Organizations

What does this new environment mean for funding nonprofits? For organizations that are in some way connected to reproductive health, it means they can and should be bolder in their speech and tactics. Donors who give to support abortion rights should be encouraged to announce this support publicly, instead of giving anonymously. Why? Because public philanthropy can inspire and empower others to give. This is true whether we’re discussing local major gift giving, grassroots crowdfunding, or enticement by celebrity endorsement giving.

In the short- to mid-term, there are also likely to be drastically increased donations to organizations that advocate and lobby for abortion-related causes, like the 501c4 American Civil Liberties Union (ACLU), or to organizations that work to affect policy change and the outcomes of political elections, like IRS 527 Emily’s List.

The need to fundraise will not be limited to organizations that perform abortions. The ripple effect will reach far and wide. Some people who want to obtain an abortion will need to travel across many states to find access. There will be fundraising for travel funds to get the people to states where abortion is legal.

Where it is still legal, there are likely to be restrictions such as 24-hour waiting periods, which means the person must not only travel to a different state, but stay there for at least two days, miss work, and arrange childcare for the children they may already have. Nonprofit organizations will inevitably be the safety net that helps fund these needs. Organizations that are able to under their charters may also begin soliciting for bail and legal funds for activists and protestors arrested in the post-Roe era. Nonprofits should research their tax-exempt status and carefully determine what they can and cannot raise funds for.

There is a phenomenon that some call “rage donations”—I call them “protest donations”—that happens when there is a crisis that garners a lot of media attention. People watch a spot on the news or read articles online, feel compelled to act, and decide to give. Donations that are inspired in the moment are the perfect example of why nonprofits should have giving options available on a number of platforms. If someone reads an article or watches a video on Facebook, you want them to be able to give to your nonprofit with just one click without leaving Facebook. Or you want to make available an easy link to the donation page on your organization’s website. This is also the perfect time for text-to-give campaigns and the use of QR Codes connected to campaigns, as they are optimal for mobile giving at various events and locations. Easy access is the name of the game in many types of fundraising, but it is especially true when it comes to protest giving.

It is also important for donors and funders to keep in mind that organizations that provide abortions or have abortion-related services will still need to raise unrestricted funds that can be used for whatever is needed by the organization. Funds will be needed to help improve access to medical abortions (abortion pills that can be ordered through the mail), as well as address the increased need for emergency medical care to save the lives of people who’ve been medically damaged after resorting to illegal and unsafe abortion methods.

These are just the needs that are likely to appear in the next few months. The implications of overturning Roe v. Wade will have unintended consequences for generations. People who can become pregnant but who cannot obtain a wanted abortion are less likely to finish school or obtain higher levels of education, less likely to stay in the workforce, and are more likely to live in poverty. Each of these results carries with it the need for government assistance and the use of nonprofit safety net services.

Smart nonprofits always conduct ongoing short- and long-term strategic planning. The ripple effect described above dictates that organizations should also make scenario planning a part of their strategic process. The immediate burden of overturning Roe will fall to health-related organizations, but studies show that within months the economic situation of a person forced to give birth will have deteriorated substantially; this is especially true for Black women. The need for supportive aid like the Supplemental Nutritional Assistance Program (SNAP) and Temporary Cash Assistance (TCA) will swell as a result.

Fundraising for All Other Organizations

As happened with the pandemic and the ongoing efforts for social justice, some donors will divert gifts, at least temporarily, to abortion-related organizations. They may have normally given to another type of nonprofit, such as an animal rescue agency, but for the time being may give instead to an organization that is active in the fight to keep abortion legal or which will assist with necessary supportive services once abortion becomes illegal in many states.

It is always best for organizations to fundraise with an abundance mentality. Do not consider other nonprofits your competition; donors do not want to feel like a piece of meat that is being fought over. It is important for nonprofit professionals and boards of directors to understand that everyone has missions they are passionate about. A donor may care about rescuing animals, but that is likely not their only passion.

If a donor says no when you’ve solicited a gift, it doesn’t necessarily signal the end of the relationship. No doesn’t always mean no forever; it can mean “no for now.” If a donor always opened your organization’s emails and gave periodically but stops opening your emails for a while this year, don’t despair. As with COVID-19 response, natural disaster response, or periods of extreme social unrest, people may feel compelled to give to the cause that has the most obvious need at the moment. But it doesn’t mean they’ll stop giving to your organization forever. Be patient and understanding.

It is incredibly important to show that your nonprofit’s communications are not tone deaf to what is happening in society. If something major happens in the news, like the day the Supreme Court releases its ruling this summer overturning Roe, put a hold on sending out your own email appeal that day. Your mission may have absolutely nothing do to with abortion, but it won’t help anyone to send out a big appeal the same afternoon that many people in the nation are reeling.

Extreme but relevant examples of this are the January 6, 2021 insurrection at the US Capitol, mass shootings like the ones last month in Texas and Buffalo, New York, and peaks in the months of protest after the murder of George Floyd. Nonprofits cannot possibly avoid everything when sending out appeals for funds, but it will reflect well on your organization if you wait just a day or two to send your request. You may even want to adjust the tone of an appeal sent soon after a school shooting if it was planned as a joyously toned message. A little bit of awareness and sensitivity will go far.

Counting on Nonprofits

The independent sector plays a huge role in the overall US economy and in addressing societal problems. Abortion access won’t be the exception. Nonprofits will expand to meet the needs as much as they can within the law. Beyond that, given that many states are likely to (try to) impose further restrictions on the activities of specific tax-exempt organizations, we’re apt to see volunteer efforts and financial help for access to abortions go underground. Individuals and community groups will pick up the mantle and do what they believe is necessary to help people in need.

Anyone who has worked with an organization that provides abortions or works to keep them legal can tell you it is a daily battle. The battle in recent years has largely surrounded access; if abortions are technically legal but are completely inaccessible by the population who needs them, it amounts to the same thing as being illegal. The work has now intensified. Generations of activists are joining together in the effort to ensure that no human is forced to give birth against their will.

The taboo word abortion is being said aloud in more conversations and on more news stations than ever before. Nonprofits who deal with abortion services and access should be bold in fundraising to support the work. Organizations whose services will be in higher demand after abortion is no longer legal, such as emergency medical care, mental health services, domestic violence agencies, and support for basic family needs, should use this time to strategize and plan for contingencies on how they will serve the new clients who will need them.

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Read more stories by Tracy Vanderneck.