Judge blocks Trump administration defunding of SF AIDS Foundation, other nonprofits, for now

A federal court judge has granted a preliminary injunction temporarily blocking the Trump administration from defunding nine LGBTQ and HIV organizations. The groups are plaintiffs in an ongoing case against the president’s executive orders targeting diversity, equity, and inclusion policies; equity-related grants; and gender identity.

As the Bay Area Reporter previously reported, U.S. District Judge Jon S. Tigar didn’t seem impressed by the Justice Department’s arguments at a hearing in Oakland last month as it pressed for the legality of the three orders that led to the legal fight over the LGBTQ service providers’ federal funding.

Tigar issued his preliminary injunction in San Francisco AIDS Foundation v. Trump Monday, June 9.

As the case proceeds, the Trump administration can’t use the orders as a pretext to defund SFAF, as well as the San Francisco Community Health Center; the GLBT Historical Society; the Los Angeles LGBT Center; Baltimore Safe Haven; FORGE Wisconsin; the Bradbury-Sullivan Community Center in Allentown, Pennsylvania; the New York City LGBT Community Center; and Prisma Community Care in Phoenix.

“While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the Constitution,” Tigar stated in his decision.

“Even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” Tigar wrote. “Absent injunctive relief, Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations. This loss not only threatens the survival of critical programs but also forces Plaintiffs to choose between their constitutional rights and their continued existence.”

Tyler TerMeer, Ph.D., a gay Black man living with HIV who is the CEO of SFAF, celebrated the ruling.

“We are relieved – but make no mistake, we are also resolute,” TerMeer stated. “Today’s decision to block these dangerous, anti-LGBTQ+ orders is a critical step in protecting not just our organization, but the communities we exist to serve. These policies threatened to erase access to lifesaving HIV and health services for transgender, nonbinary, and queer people across the country. That isn’t just bad policy – it’s cruel, and it’s inhumane. The court’s action gives us the fuel to keep fighting. And we will – because our communities deserve nothing less than dignity, equity, and the right to thrive.”

Specifically, the suit challenges executive order No. 14168, which states that, “It is the policy of the United States to recognize two sexes, male and female,” and defines sex as “an individual's immutable biological classification” and not a synonym for gender identity. This order on gender identity also prohibits federal contractors and grantees from recognizing and respecting their identities or advocating for their civil rights. The lawsuit also challenges executive orders Nos. 14151 and 14173, which terminate equity-related grants and prohibit federal contractors and grantees from employing diversity, equity, inclusion, and accessibility principles in their work.

The lawsuit came after federal agencies sent notices terminating federal funding to organizations serving transgender people and to entities whose work could be described as "equity-related" because they devote resources to underserved communities, address health disparities, or work to overcome systemic racism, sexism, or anti-LGBTQ bias. Some already have experienced temporary difficulties accessing their federal funds.

“(T)hese three funding provisions reflect an effort to censor constitutionally protected speech and services promoting DEI and recognizing the existence of transgender individuals,” Tigar stated in his decision. “These provisions seek to strip funding from programs that serve historically disenfranchised populations in direct contravention of several statutes under which Plaintiffs receive funding.”

The plaintiffs are being represented by Lambda Legal Defense and Education Fund.

“This is a critical win – not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” Jose Abrigo, Lambda Legal’s HIV project director and senior counsel on the case, stated in a news release. “The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services. Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”

Roberto Ordeñana, a gay man who is executive director of the GLBT Historical Society, stated, "Today’s decision is a crucial milestone in our challenge to these dangerous executive orders, which have targeted transgender, nonbinary, and gender-expansive people throughout our community."

"This critical ruling acknowledges that these policies are not only harmful, but affirms the central issue at the heart of this case: our community’s right to exist," he continued. "We are relieved by this ruling, gratified that the court has found serious merit in our challenge, and remain determined to see this case through. There is no LGB without the T – and we will not allow anyone in our community to be silenced, erased, or forgotten."

The community health center didn't return a request for comment by press time.

Updated, 6/10/25: This article has been updated with comments from the GLBT Historical Society.