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A federal judge in California ruled on Monday that the Trump administration cannot enforce executive orders that require groups to halt programs that promote diversity, equity and inclusion or acknowledge the existence of transgender people to receive grant funding.
U.S. District Judge Jon Tigar wrote in his order that a group of pro-LGBTQ nonprofits “demonstrated that they likely have standing to challenge” several provisions in President Donald Trump’s executive orders, which the groups argue violate the Constitution.
“These three funding provisions reflect an effort to censor constitutionally protected speech and services promoting DEI and recognizing the existence of transgender individuals,” the judge wrote in his order.
Tigar said that while the executive branch “requires some degree of freedom to implement its political agenda, it is still bound by the Constitution,” and “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.”
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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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The plaintiffs include health centers, LGBTQ+ services groups, the Gay Lesbian Bisexual Transgender Historical Society and the San Francisco AIDS Foundation. The groups are all recipients of federal funding and say that following the executive orders will prevent them from completing their missions.
The judge’s order will remain in effect while the legal case continues, although government lawyers will likely appeal.
The Associated Press contributed to this report.
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