The AIDS Foundation Chicago and two other nonprofits filed a lawsuit Wednesday against President Donald Trump and his administration, challenging executive orders related to diversity, equity and gender.
The AIDS Foundation Chicago, the National Urban League and the National Fair Housing Alliance filed the lawsuit in federal court in Washington, D.C., seeking to halt three recent executive orders.
They’re challenging orders that seek to end “diversity, equity, inclusion, and accessibility” (DEIA) programs in the federal government and equity-related grants and contracts, and that direct federal agencies to combat DEI in the private sector. They’re also suing over an order that said it would be the policy of the U.S. to recognize only two sexes.
The executive order recognizing only two sexes says that its purpose is to stop “ideologues who deny the biological reality of sex” allowing “men to self-identify as women and gain access to intimate single-sex spaces and activities designed for women.” Another one of the orders referred to DEI programs as “illegal and immoral discrimination programs.”
The lawsuit filed Wednesday, however, alleges that the order recognizing two only sexes, “seeks to erase transgender people from public life and poses an existential threat to transgender people themselves, as well as to the federally funded organizations that seek to support them and advance their civil rights.”
And the lawsuit argues that “the United States’ longstanding and entrenched race and sex inequalities require proactive efforts, including DEIA, to break down barriers to opportunity and resources to both remedy and prevent discrimination.”
The orders are forcing the AIDS Foundation of Chicago and the other nonprofits to either violate their missions or risk losing federal funding, the lawsuit alleges.
The AIDS Foundation Chicago is a not-for-profit that receives most of its funding from the federal government – $34.8 million annually, according to the complaint. The loss of that funding would force the foundation to cease operations, eliminating services for nearly 7,000 people a year, according to the lawsuit, including 1,300 people receiving housing assistance through the foundation. Stable housing is vital for people living with HIV, so they can take their medication and prevent more serious problem, like an AIDS diagnosis, said John Peller, president and CEO of AIDS Foundation Chicago.
The foundation also provides case management services to people living with HIV and helps connect them with health care and mental health and substance use disorder services, Peller said.
“What I think is so problematic about the executive orders that the Trump administration has put out is that they’re really trying to ban us from doing the work that is so vital to addressing the HIV epidemic,” Peller said. “They don’t want us to mention trans people. They don’t want us to talk about the fact that there are racial health disparities. … They don’t want us to train our staff on cultural competency, so that the staff know the best ways to build relationships with clients who are part of the groups who are most impacted.”
The lawsuit alleges that the administration is violating the nonprofit organizations’ rights to free speech and due process and is engaging in unlawful discrimination.
Other groups have also filed lawsuits challenging the executive orders.