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 fail to properly identify or define the specific speech and expressive conduct that is prohibited, and chill Plaintiffs from engaging in constitutionally protected speech, in violation of the First Amendment. Plaintiffs also argue that the executive orders involve viewpoint discrimination, and that they unconstitutionally condition federal funds on an agreement not to engage in protected speech.

Plaintiffs also allege that the executive orders are unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment.

Plaintiffs further allege that the executive orders exceed the president's statutory authority and usurp Congress's spending powers.

Lastly, Plaintiffs allege that the executive order pertaining to gender 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.

Significance

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