The organizations are considering all available options to continue pursuing their claims in court.
Today, a federal judge declined to issue a preliminary injunction in National Urban League v. Trump, a lawsuit filed by a group of civil and human rights organizations challenging three executive orders that ban diversity, equity, inclusion, and accessibility and erase transgender people from public life. Because this is a preliminary ruling, the case is not over. The organizations continue to maintain that the executive orders are unconstitutional and will have future opportunities to prove their claims in court.
The motion for preliminary injunction was filed by the Legal Defense Fund (LDF) and Lambda Legal on behalf of the National Urban League, the National Fair Housing Alliance, and the AIDS Foundation Chicago, and would have barred the Administration from enforcing the executive orders against the plaintiffs until the case is resolved. Additionally, the decision is limited to the constitutionality of the executive orders themselves, as opposed to the legality of specific agency actions implementing the executive orders, many of which are subject to separate challenges. Importantly, nothing in the opinion suggests that all diversity, equity, inclusion, and accessibility programs are discriminatory or that the Trump administration is legally permitted to prohibit all of the plaintiffs’ lawful diversity, equity, inclusion, and accessibility activities. The plaintiffs look forward to continuing to vindicate their rights in court.
“The executive orders at the heart of this legal action are based on a blatant and corrosive lie. The fact is, equity initiatives create opportunities for every American,” said Marc H. Morial, President of the National Urban League. “The Trump administration is desperate to preserve entrenched disadvantages and to shut down every pathway to social and economic opportunity for marginalized people. Americans overwhelmingly support diversity and inclusion policies and the dynamic, resilient institutions they support. Despite today’s decision, we are confident that the truth – and the will of the American people – will prevail.”
“For decades, fair housing has been a vital, non-partisan policy of the U.S., helping ensure all people have equal access to housing, credit and other necessary resources. The values of diversity, equity, inclusion, and accessibility are embedded in our nation’s laws,” said Lisa Rice, President and CEO of the National Fair Housing Alliance. “They reinforce the promises of the landmark Fair Housing Act to both eliminate housing discrimination and foster vibrant, resilient, healthy communities where people can thrive. This case is far from over. We remain confident, as legal proceedings progress, that the administration’s actions—which jeopardize the development of fair and affordable housing, increase discrimination, and leave individuals without vital protections—will be deemed unlawful.”
“Our ability to fight the HIV epidemic is under attack by this administration’s unlawful executive orders. They are a symptom of the same racism and transphobia that fuel the HIV epidemic by creating structural barriers to accessing HIV prevention and care. We know that Silence=Death,” said John Peller, President & CEO of AIDS Foundation Chicago. “The Trump administration is trying to silence us and take away the best tools we have to end the HIV epidemic – interventions and communications that recognize and adapt to the diverse needs of communities most impacted, and that includes our Black, Latine, LGBTQ, and transgender community members.”
“The Trump administration’s executive orders have already caused significant harm to our clients and continue to interfere with their ability to provide critical services to people who need them most, especially those in Black and transgender communities who continue to face egregious discrimination,” said Donya Khadem, Equal Protection Initiative Counsel at LDF.
“We are deeply disappointed that the court declined to grant preliminary relief to the National Urban League, the National Fair Housing Alliance, and the AIDS Foundation Chicago, but we are undeterred in fighting for their right to help people access lifesaving health care, find fair and affordable housing, and secure good jobs as we move forward with their legal claims. Importantly, nothing in today’s decision supports the false assertion that all diversity, equity, inclusion, and accessibility programs are inherently discriminatory and illegal. Our clients’ programs are not only legal, they are also vital to thousands of people in desperate need of assistance.”
“Today’s ruling is a setback, but this fight is far from over. This decision only addressed our initial request for a temporary pause on these executive orders, and we will still have the chance to prove in court just how discriminatory and harmful they are to transgender people, people of color, and those living with HIV. We respectfully disagree with the court,” said Jose Abrigo, HIV Project Director at Lambda Legal. “This ruling leaves our plaintiffs at risk of even more devastating funding cuts and even program closures, threatening the health, housing, and HIV services that thousands rely on. These executive orders are a direct attack on transgender and nonbinary people, communities of color, and essential civil rights—censoring vital free speech, stripping critical funding, and undermining protections. We had hoped the Court would recognize the urgency of blocking these harmful policies, but we are not giving up. The harm is real, and the consequences are immediate. But we remain unwavering in our commitment to fight these unconstitutional policies until they are struck down once and for all.”