Yesterday, a federal court in the Northern District of California granted a partial preliminary injunction precluding the federal government from requiring federal funding recipients to have to cease:
- DEI programs; or
- recognizing the existence of transgender people, as a prerequisite to receiving funding.
The court ruled that several nonprofits that provide services for LGBTQ+ communities had standing to challenge provisions in the EOs:
- requiring them to certify that they do “not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws”;
- directing agencies to terminate funding for all “equity-related grants or contracts;” and
- requiring agencies to terminate funding for any program that “promote[s] gender ideology.”
The court further held that plaintiffs demonstrated a likelihood of success on the merits that the three funding provisions violate the First Amendment, Fifth Amendment, and the Separation of Powers, because they seek to censor constitutionally protected speech. The court noted that the President cannot “weaponize Congressionally appropriated funds” to suppress ideas that the administration “does not like,” especially in such a “vague manner.”
The court, however, denied the preliminary injunction as to the provision requiring certification, holding that plaintiffs had not shown that the provision goes beyond targeting DEI programs that violate federal antidiscrimination law.
Read the court’s full decision here: https-ecf-cand-uscourts-gov-doc1-035125837332.pdf
To be continued.