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U.S. District Judge Jon Tigar said Monday that the federal
government cannot force recipients to halt programs that promote
diversity, equity and inclusion or acknowledge the existence of
transgender people in order to receive grant funding. The order
will remain in effect while the legal case continues, although
government lawyers will likely appeal.
The funding provisions “reflect an effort to censor
constitutionally protected speech and services promoting DEI and
recognizing the existence of transgender individuals,” Tigar
wrote.
He went on to say that the executive branch must still be bound
by the Constitution in shaping its agenda and that even in the
context of federal subsidies, “it cannot weaponize
Congressionally appropriated funds to single out protected
communities for disfavored treatment or suppress ideas that it
does not like or has deemed dangerous.”
The plaintiffs include health centers, LGBTQ+ services groups
and the Gay Lesbian Bisexual Transgender Historical Society. All
receive federal funding and say they cannot complete their
missions by following the president’s executive orders.
The San Francisco AIDS Foundation, one of the plaintiffs, said
in 2023 it received a five-year grant from the Centers for
Disease Control and Prevention to expand and enhance sexual
health services, including the prevention of sexually
transmitted infections. The $1.3 million project specifically
targets communities disproportionately affected by sexual health
disparities.
But in April, the CDC informed the nonprofit that it must
“immediately terminate all programs, personnel, activities, or
contracts” that promote DEI or gender ideology.
President Donald Trump has signed a flurry of executive orders
since taking office in January, including ones to roll back
transgender protections and stop DEI programs. Lawyers for the
government say that the president is permitted to “align
government funding and enforcement strategies” with his
policies.
Plaintiffs say that Congress — and not the president — has the
power to condition how federal funds are used, and that the
executive orders restrict free speech rights.
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