Court Blocks Key Parts of DEI Funding Ban
Jun 10, 2025Late yesterday, a federal district court in California issued a pivotal ruling that directly affects federal employees, contractors, and nonprofits receiving government funding. In a partial but powerful injunction, the court blocked key provisions of Trump-era executive orders that sought to eliminate funding for diversity, equity, and inclusion (DEI) and so-called “gender ideology” programs. Here's what you need to know.
What Was Blocked—and Why It Matters
The court struck down three central provisions:
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Equity Termination Provision
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Gender Termination Provision
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Gender Promotion Provision
Each of these gave federal agencies the power to abruptly cut off funding for any program deemed related to “equity” or “gender ideology.” The judge found these provisions likely unconstitutional on several fronts:
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Separation of Powers: Only Congress—not the President—can decide how federal funds are distributed. The ruling emphasized that programs like the Ryan White HIV/AIDS Program, which are funded under congressional mandates to address health equity, cannot be dismantled by executive order.
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Free Speech: The court highlighted that targeting DEI and transgender-related programming amounts to unconstitutional viewpoint discrimination. The government cannot penalize grantees for expressing or advancing certain ideas.
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Vagueness: The term “equity-related” was found to be so undefined that it invites arbitrary enforcement. Organizations were left guessing what constituted a violation, creating legal uncertainty and chilling protected expression.
What Wasn’t Blocked—and Why That Also Matters
The judge allowed the certification provision to stand. This requires recipients of federal funds to affirm that their DEI programs comply with existing anti-discrimination laws. Unlike the provisions above, this one doesn't create new standards—it simply reinforces compliance with laws already on the books.
The court’s logic? If a program is already illegal under Title VI or Title VII, asking grantees to confirm their compliance doesn’t change the law or infringe on speech.
The Broader Impact: A Win for Rule of Law
This ruling reinforces the fundamental principles of checks and balances. It sends a clear message that executive orders cannot override Congressional intent or constitutional protections. The immediate effect is that funding cuts tied to these now-blocked provisions are halted—providing critical stability for federal employees and organizations navigating DEI compliance.
For those in positions of federal leadership or oversight, the message is clear: follow the law as it exists, not as reimagined through executive overreach.
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Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.