CASE NAME

San Francisco A.I.D.S. Foundation et al v. Trump et al

Overview

Plaintiff challenges President Trump's executive orders on "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," "Ending Radical and Wasteful Government DEI Programs and Preferencing" and "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," arguing that key provisions are unconstitutional.

Details

Plaintiffs argue that the executive orders (1) unconstitutionally condition federal funds on an agreement not to engage in certain speech in violation of the First Amendment; (2) are unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment; (3) exceed the president's statutory authority and usurp Congress's spending powers; (4) pertaining to the anti-transgender executive order, discriminates based on sex and transgender status in violation of the Equal Protection Clause.

On March 3, 2025, Plaintiffs asked the court for a preliminary injunction. They argued that without this protection, they will suffer irreparable harm. Specifically, they emphasize that the executive orders threaten their ability to carry out their core mission of providing life-affirming service to the LGBTQ community.

On June 9, 2025, the court granted Plaintiffs' preliminary injunction with respect to some of the provisions of the executive orders, namely the certification and termination provisions. This injunction prevents the government from enforcing these provisions against Plaintiffs while the case is litigated. The court found that these provisions reflect an effort to censor constitutionally protected speech and services related to DEI and the acknowledgment of transgender individuals. Additionally, the challenged provisions would conflict with the laws under which Plaintiffs receive funds. As a result, Plaintiffs demonstrated that they are likely to succeed on the merits that the provisions violate their rights under the First Amendment, Fifth Amendment, and the Separation of Powers.

Significance

This is one of many lawsuits challenging the constitutionality of President Trump's anti-DEI executive orders.