This case is a challenge to an Executive Order prohibiting government agencies and organizations that receive government funding from discussing unconscious racial or sexual bias during employee trainings. On November 2, 2020, eight plaintiffs—six nonprofits, a sole proprietorship, and an individual—involved in LGBTQ+ advocacy and health care, racial justice, and HIV treatment sued President Donald Trump and various officials in his administration, as well as their respective departments, in the U.S. District Court for the Northern District of California. Represented by a mix of private counsel and lawyers from LGBTQ+ advocacy organizations, the plaintiffs sued for violations of their First Amendment and Fifth Amendment due process rights. The lawsuit sought a court order blocking implementation of the Executive Order nationwide. The case was assigned to Judge Beth Labson Freeman.

On November 16, 2020, the plaintiffs filed a motion for preliminary injunction, asking the court to prohibit enforcement of the Executive Order nationwide pending the completion of the legal proceedings. On December 22, 2020, the court granted this motion in part, prohibiting its enforcement against government contractors, subcontractors, or grant recipients. 508 F. Supp. 3d 521. However, the court declined to block enforcement of the Executive Order within U.S. government agencies and the military.

Following the presidential transfer of power, the plaintiffs and defendants jointly asked the court on January 29, 2021, for a 60-day pause in the proceedings to allow the new Biden administration to review existing Executive Orders and decide whether to leave them in place. This pause was extended again on March 12, 2021.

After the Biden administration rescinded the Executive Order, the parties jointly asked the court on May 19, 2021, to dismiss the case with prejudice. The case is now closed.

Ben Marvin-Vanderryn - 10/10/2021


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