By Vanguard Staff
OAKLAND, CA – California Attorney General Rob Bonta has co-led a coalition of 17 attorneys general in filing an amicus brief urging the Ninth Circuit Court of Appeals to uphold a lower court’s injunction blocking Trump administration executive orders that seek to eliminate federal programs promoting diversity, equity, inclusion, and accessibility (DEIA).
The brief, filed in San Francisco AIDS Foundation, et al. v. Trump, et al., supports LGBTQ, healthcare, and community organizations challenging the legality of the executive orders, which the Trump administration issued in January 2025. The orders direct federal agencies to terminate or prohibit funding for what they label as “equity-related” or “gender ideology” programs and to require contractors and grantees to certify that their operations do not promote DEIA.
Bonta said the Trump administration’s efforts pose direct harm to vulnerable communities. “Trump’s continued attacks on programs that promote diversity, equity, inclusion and accessibility threatens to rip crucial support structures from under the feet of transgender individuals and other vulnerable populations,” Bonta said. “My fellow attorneys general and I will continue to oppose these attempts to undermine data-backed programs that provide social and economic benefits and help people of all backgrounds and identities grow and prosper.”
In June, the U.S. District Court for the Northern District of California granted a preliminary injunction, finding that the executive orders were likely unconstitutional. The court ruled that the provisions were unconstitutionally vague under the Fifth Amendment, discriminated on the basis of transgender status, and violated the First Amendment’s protections of free expression. The Trump administration appealed the ruling to the Ninth Circuit.
In their 42-page brief, Bonta and the coalition argue that the Trump administration’s orders rest on a false premise that DEIA-related programs are “shameful,” “immoral,” or “illegal.” They contend that practices promoting diversity, equity, inclusion, and accessibility are deeply rooted in the nation’s civil rights framework and are essential to enforcing laws that prohibit discrimination in employment, housing, education, and access to public services.
The brief traces the legal lineage of DEIA principles to landmark statutes such as the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Fair Housing Act of 1968, and the Americans with Disabilities Act of 1990. The attorneys general note that these laws created a foundation for active measures to prevent discrimination and ensure equal opportunity across sectors.
The brief also emphasizes that DEIA-based practices have delivered measurable benefits to states, institutions, and businesses. The attorneys general cite studies showing that diverse leadership teams outperform more homogenous ones, that inclusive workplaces improve productivity and retention, and that equity-focused initiatives in education and healthcare lead to stronger outcomes for students and patients.
“Practices that promote diversity, equity, inclusion, and accessibility are not only lawful, but they are integral to the realization of the very civil rights laws the Trump administration claims to defend,” the coalition wrote. “Far from being wasteful, they help build fairer, safer, and more prosperous communities.”
The attorneys general argue that the challenged executive orders are vague and discriminatory, causing widespread confusion among state agencies, grantees, and nonprofits. The brief cites examples of agencies terminating or threatening to terminate funding for programs that promote teacher development, workplace safety, and women’s participation in skilled trades.
According to the states, the Department of Education has cancelled hundreds of millions of dollars in grants for programs serving “traditionally underserved” areas and providing teacher training for students with disabilities and limited English proficiency. Similar funding terminations have affected workforce development programs and grants addressing gender-based violence and workplace harassment.
The attorneys general describe a climate of uncertainty and self-censorship, noting that “few recipients of federal funds are in a position to weather the abrupt termination of their funding.” As a result, the brief says, organizations have preemptively removed references to DEIA from their materials, closed offices, and altered programming out of fear of violating vague and undefined federal standards.
The coalition further argues that the orders’ provisions related to “gender ideology” are openly discriminatory toward transgender people. These directives instruct agencies to end or prohibit funding for programs that “promote gender ideology,” effectively targeting healthcare, education, and social service organizations that acknowledge or serve transgender individuals.
The brief warns that such discrimination has already caused serious harm by disrupting access to essential services, including HIV prevention and treatment programs, mental health care, and housing for transgender and LGBTQ communities. In Illinois, for example, clinics have lost federal funds that supported HIV prevention and substance abuse treatment. Service providers report that clients have expressed fear over losing access to medication and stable housing.
The states argue that these actions violate the equal protection and due process guarantees of the Fifth Amendment and infringe on the free speech rights of organizations that provide vital services. They also warn that the loss of funding for healthcare and community programs exacerbates already alarming health disparities, particularly for transgender individuals who face disproportionate rates of depression, suicide, and substance abuse.
“By singling out grants that serve transgender people, the orders necessarily single out transgender people and exclude them from being able to benefit from federal funds,” the brief states. “This discrimination not only lacks constitutional justification but inflicts real and measurable harm.”
The amici further contend that the executive orders’ vagueness has disrupted the delivery of federally funded services in education, housing, and healthcare, leaving states unable to plan for program continuity. The lack of definitions for key terms such as “diversity,” “equity,” “inclusion,” and “accessibility,” they argue, makes compliance impossible and exposes grantees to arbitrary enforcement.
The brief concludes that if the injunction were lifted, the orders would “chill” speech, dismantle long-standing civil rights protections, and deprive residents of programs that have fostered opportunity and safety for decades.
Attorney General Bonta co-led the amicus filing with Illinois Attorney General Kwame Raoul and Massachusetts Attorney General Andrea Joy Campbell. The coalition also includes the attorneys general of Colorado, Connecticut, Delaware, Hawai‘i, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
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