San Francisco AIDS Foundation Leads Lawsuit in Response to Trump Executive Orders

A coalition of LGBTQ organizations across the U.S. have united to sue the Trump administration. Led by the San Francisco AIDS Foundation, the lawsuit was filed Thursday in response to three executive orders targeting transgender people, HIV funding, and diversity, equity, and inclusion initiatives.

Since being inaugurated one month ago, President Donald Trump has rolled out dozens of executive orders that cities and states have challenged.

The lawsuit follows the termination of federal funding for organizations that serve transgender people and engage in “equity-related” work. It argues that the executive orders “pose an existential threat to transgender people and the organizations that respect their existence” and should be “declared unconstitutional and blocked from implementation.”

The executive orders prevent nonprofits from providing programs and services such as HIV treatment, homelessness prevention, sexual and reproductive health screenings and other resources.

Four of the nine organizations in the coalition of queer and HIV-focused organizations are based in California. Dr. Tyler TerMeer, CEO of the San Francisco AIDS Foundation, said the organization has been ordered to scrub mention of transgender and non-binary people from their website.

“We’ve had to watch in real time as the current administration has weaponized federal funding to try and force us into compliance with policies that have seeked to erase transgender people,” TerMeer said. “This lawsuit is about more than just policy. It’s about survival for the people we serve.”

The lawsuit argues that the executive orders are in violation of the First, Fifth and 14th amendments by restricting freedom of expression, due process and equal protection.

Lambda Legal, the firm representing the coalition lawsuit, has battled head-to-head with Trump in the past, suing in 2020 over DEI policies that prohibited contractors from conducting workplace training addressing the existence of structural racism and sexism.

It was because of Lambda Legal’s history in standing up for queer and diverse communities that made the San Francisco Aids Foundation select the firm. However, the foundation’s board members debated the decision to pursue the lawsuit due to the risk of counter-litigation.

Ultimately, the board decided that the fight was worth the risk.

“We are in for a fight, but what I keep trying to remind the people around me — if we remain grounded in our values and remind ourselves that those values are not for sale, the mission of the org is not up for negotiation,” TerMeer said. “We can’t be silenced, and our community can’t be erased just to satisfy the hateful political agenda ahead of us.”