The Legal Defense Fund (LDF) and Lambda Legal have filed a federal lawsuit on behalf of the National Urban League, the National Fair Housing Alliance (NFHA), and the AIDS Foundation of Chicago challenging three anti-equity executive orders from President Trump related to diversity, equity, inclusion, accessibility, and transgender people. LDF and Lambda Legal claim these orders will severely limit the organizations’ ability to provide critical social and health services such as HIV treatment, fair housing, equal employment opportunities, affordable credit, civil rights protections, and many others. This would harm countless people across the US, including people of color, women, LGBTQ+ people, people with disabilities, and people living with HIV. The lawsuit claims that the administration is violating the organizations’ rights to free speech and due process and is engaging in intentional discrimination by issuing and enforcing the anti-equity orders.
The three executive orders being challenged would end equity-related grants and forbid federally-funded entities from engaging in diversity, equity, inclusion, and accessibility programs, and from recognizing the existence of transgender people. These orders reverse decades of civil rights progress and pose an existential threat to the organizations that advocate for the civil rights of transgender people, and provide them shelter, services, and support.
“Fair housing is a national policy of the U.S. Our nation’s fair housing principles are embedded in the Constitution and civil rights statutes secured by the blood, sweat, tears, and lives of millions of people who fought to make our Declaration of Independence and Constitution real for everyone in this country. The Constitution and our civil rights laws are centered on diversity, equity, inclusion, and accessibility. The President cannot undo the Constitution or take away our rights by affixing a signature to an executive order,” said Lisa Rice, President and CEO of the National Fair Housing Alliance. “The administration’s Executive Orders and OMB funding freeze memorandum have caused chaos, fear, insecurity, dysfunction, and loss of rights. The Administration’s illegal actions put all people in harm’s way, driving up the cost of housing and leaving millions exposed to discrimination, harassment, and retaliation with no structure for protection. ‘Out of Many, One’ is our national motto -– any effort to divide, stoke fear and treat people unfairly is not in line with our nation’s founding principles. America is best when united and relentlessly pursuing a country where everyone, regardless of their background, has a fair chance at reaching the American Dream.”
“Beyond spreading inaccurate, dehumanizing, and divisive rhetoric, President Trump’s executive orders seek to tie the hands of organizations, like our clients, providing critical services to people who need them most,” said Janai Nelson, President and Director-Counsel of LDF. “The three orders we are challenging today perpetuate false and longstanding stereotypes that Black people and other underrepresented groups lack skills, talent, and merit - willfully ignoring the discriminatory barriers that prevent a true meritocracy from flourishing. We proudly stand with our clients and Lambda Legal against these unconstitutional orders and hope the court will act quickly so the arduous work of advancing and sustaining our multiracial democracy can continue without unlawful interference from the Trump administration.”
“These policies drip with contempt for transgender people, and pose a significant threat to critical health and HIV services that support marginalized communities, putting lives at risk,” said Jose Abrigo, Lambda Legal’s HIV Project Director. “These orders pose an existential threat to transgender people and the organizations that provide them with shelter and support. The orders defund organizations providing critical health and HIV services, and punish organizations for striving to improve the lives of Black people, people of color, and members of other marginalized communities. They are patently unconstitutional. Lambda Legal and LDF teamed up because the fights to end racism, the HIV epidemic, and anti-transgender bias are inseparable. For organizations like our plaintiffs providing these services, addressing these compounding barriers is essential to HIV prevention and care, and this policy would impede the work to eradicate and address the HIV epidemic.”
The lawsuit, National Urban League v. Trump, filed in the U.S. District Court for the District of Columbia, claims that the executive orders violate the plaintiffs’ First Amendment right to free speech by censoring and chilling their views on diversity, equity, inclusion, and accessibility. The plaintiffs also claim that the executive orders are so vague that the organizations do not know what is and is not prohibited, in violation of their Fifth Amendment due process rights. Also, the executive orders discriminate against people of color, women, and LGBTQ+ people, with particular animus towards Black people and transgender individuals, in violation of the Fifth Amendment’s guarantee of equal protection.
You can read the full complaint here.
