A federal judge in California issued a ruling Monday, June 9, that blocked the Trump administration from enforcing anti-diversity and anti-transgender executive orders that receive federal funding while a lawsuit is litigated.
Court says DEI support cannot be a disqualifier
U.S. District Court Judge Jon S. Tigar issued a preliminary injunction and said the government cannot require people or organizations to stop supporting DEI programs or to stop acknowledging transgender people as a condition for receiving federal grant money.
Judge Tigar cited three of President Donald Trump’s executive orders: “Ending Radical And Wasteful Government DEI Programs And Preferencing,” “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” and “Ending Illegal Discrimination And Restoring Merit-Based Opportunity.”
The judge’s preliminary ruling said that the plaintiff organizations are likely to ultimately win in their lawsuit against the federal government.
Plaintiffs warn of harm to LGBTQ+ services
The plaintiffs are LGBTQ+ organizations, health centers and the San Francisco AIDS Foundation. They challenged the president’s orders and argued that halting federally funded programs would stop them from helping communities that are disproportionately impacted by sexual health disparities.
Government defends authority of agencies
The government argued, in part, that the executive orders did not harm the plaintiffs. They say even if the court sided with the plaintiffs, it “would not prevent defendant agencies from exercising their own independent authorities to determine whether, consistent with law, any termination of a fund/contract would be warranted.”
Judge: Illegality cannot be justified
Judge Tigar ruled in favor of the plaintiffs on nearly all of their arguments, halting the government from using grant money as a tool to suppress DEI or transgender programs.
“The court rejects the suggestion that a court should not enjoin unlawful activity simply because a defendant might theoretically achieve the same outcome by different, lawful means. Illegality is illegality,” Judge Tigar wrote in his order.
The judge noted that, without intervention from the court, “the plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” according to the order.
He added the government “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.”
Some aspects allowed to continue
Tigar didn’t completely side with the advocacy groups in his order. One section of the complaint sought to enjoin the “certification provision” in Trump’s orders, which involved organizations pledging that they didn’t participate in DEI activities under penalty of the False Claims Act. The judge said the plaintiffs hadn’t shown that the “provision goes beyond targeting DEI programs that violate federal antidiscrimination law.” Tigar’s ruling on the matter doesn’t mean that the plaintiffs will eventually succeed in this argument.
Trump Administration expected to appeal
The Trump administration has not publicly commented on the ruling. The president has heavily criticized DEI initiatives, viewing them as discriminatory. He said that such programs violate civil rights laws and promote a divisive, identity-based system over merit-based standards.
Trump has also spoken out against transgender athletes competing in women’s sports. He says it’s about protecting fairness and preserving opportunities for women and girls.
The government’s lawyers are expected to appeal the judge’s ruling.
