Three of President Trump’s executive orders on diversity, equity and inclusion have been challenged by liberal nonprofit groups warning that they could lose millions in federal funding unless they adhere to the “unconstitutional” mandates.
The lawsuit filed Wednesday asks the U.S. District Court for the District of Columbia to issue preliminary injunctions against the orders on behalf of three nonprofit organizations: the National Urban League, the National Fair Housing Alliance, and the AIDS Foundation of Chicago.
The executive orders prohibit federal funds from being used for “equity-related” grants or spent on organizations that promote DEI and gender ideology.
“These organizations are being forced to adopt the Trump Administration’s discriminatory viewpoints or risk losing federal funds,” said a statement by the NAACP Legal Defense Fund and Lambda Legal, which represent the nonprofit groups.
“In either situation, they would be unable to fulfill their missions, leaving many vulnerable populations, including people of color, women, LGBTQ individuals, and people with disabilities, without critical — and often life-sustaining — services,” said the statement.
The lawsuit argued that the executive orders violate the First Amendment for limiting what the organizations may say about DEI and gender ideology, as well as the Fifth Amendment for “vagueness” and lack of due process.
“With vague and ambiguous language, the Executive Orders seek to intimidate, threaten, and ultimately stop Plaintiffs from performing services central to their missions; chill and censor their speech, advocacy, and expressive activity based on content and viewpoint; and jeopardize federal grants and contracts that are critical for Plaintiffs to accomplish their mission-driven work,” the lawsuit said.
Clearly the nonprofit groups depend on federal funding.
The National Urban League currently has 19 separate active federal grants totaling $62 million, which constitutes 35% of the organization’s annual budget, the lawsuit said.
The National Fair Housing Alliance, which fights discrimination in housing and lending, is scheduled to receive $2.5 million in fiscal 2025, representing 27.25% of its budget.
Nearly 84% of the AIDS Foundation of Chicago’s annual budget comes from federal funding.
“The loss of this funding would force AFC to cease operations, eliminating services for nearly 7,000 people annually, including 1,300 households currently receiving housing assistance,” said the lawsuit.
The three executive orders targeted by the lawsuit are those entitled “Ending Radical and Wasteful DEI Programs and Preferencing”; “Defending Women from Gender Ideology and Restoring Biological Truth to the Federal Government”; and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
The complaint is the latest to target one or more of the Trump executive orders. Other lawsuits have challenged the orders barring the military from accommodating soldiers based on their opposite-sex gender identity, and banning gender-transition medical procedures for those under 19.
Lambda Legal is involved in both of those legal actions. The order cutting federal funding to medical providers offering “gender affirming care” to those 18 and younger has been blocked temporarily by two judges.
“Make no mistake, what we are seeing is a coordinated and targeted assault on rights of LGBTQ+ people, BIPOC people and people living with HIV/AIDS,” said Lambda Legal CEO Kevin Jennings on a Wednesday press call. “The Trump executive orders are unprecedented, unconscionable and unconstitutional.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.