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Judge declines to block parts of Trump gender, DEI executive orders
Judge declines to block parts of Trump gender, DEI executive orders

Yahoo

time02-05-2025

  • Politics
  • Yahoo

Judge declines to block parts of Trump gender, DEI executive orders

A federal judge on Friday declined to block the enforcement of key provisions in President Trump's executive orders involving diversity, equity and inclusion (DEI) and gender in a challenge by three civil and human rights organizations. U.S. District Judge Timothy Kelly denied the advocacy groups' request for a preliminary injunction, which would have prohibited the Trump administration from implementing parts of three executive orders against the challengers. The judge said they failed to establish standing for half of the challenged provisions, and on the other provisions, their constitutional claims 'falter for various reasons.' 'The motion before the Court is not about whether DEI policies, however defined in a given context, are good public policy. Nor is it about whether specific DEI initiatives comply with antidiscrimination law,' Kelly wrote in a 58-page order. 'Instead, it is about whether Plaintiffs have shown that they are entitled to a preliminary injunction prohibiting enforcement of the executive orders at issue. 'Because they are not likely to prevail on the merits, the Court will deny the motion,' he said. The three organizations — National Urban League, National Fair Housing Alliance and the AIDS Foundation of Chicago — sued earlier this year, contending that Trump's orders violate their First Amendment rights by censoring their views on DEI, accessibility and transgender rights. They also said the orders limit their ability to provide social and health services, like HIV treatment, fair housing and civil rights protections. Donya Khadem, a lawyer for the groups, said during a hearing in March that the breadth of the orders has made it challenging to know how to comply. She pointed to the president's executive order titled 'Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.' 'Does that mean they can't say transgender people exist?' she asked, suggesting that 'even minimal loss' of First Amendment freedom amounts to irreparable harm. But Kelly, the judge, pushed back and noted the challenge of creating a 'bright line' rule as to when conditions on government funding become unconstitutional. 'Why isn't the president permitted to have his or her policy priorities?' he asked. Khadem said there are 'constitutional limits' to how a president can implement their policy agenda, calling Trump's perspective that DEI is 'un-American' amounts to viewpoint discrimination. Kelly also questioned Justice Department lawyer Pardis Gheibi over the confusion caused by Trump's orders during the March hearing, where arguments for and against a preliminary injunction were made. 'Plaintiffs can't tell what's covered,' he said. 'What is DEI and what is not?' Gheibi said any questions the organizations have about Trump's orders amount to 'legal advice,' not evidence of the orders' deficiencies. She said the orders don't 'rise or fall' on whether a legal memo explaining their scope was attached. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Judge declines to block parts of Trump gender, DEI executive orders
Judge declines to block parts of Trump gender, DEI executive orders

The Hill

time02-05-2025

  • Politics
  • The Hill

Judge declines to block parts of Trump gender, DEI executive orders

A federal judge on Friday declined to block the enforcement of key provisions in President Trump's executive orders involving diversity, equity and inclusion (DEI) and gender in a challenge by three civil and human rights organizations. U.S. District Judge Timothy Kelly denied the advocacy groups' request for a preliminary injunction, which would have prohibited the Trump administration from implementing parts of three executive orders against the challengers. The judge said they failed to establish standing for half of the challenged provisions, and on the other provisions, their constitutional claims 'falter for various reasons.' 'The motion before the Court is not about whether DEI policies, however defined in a given context, are good public policy. Nor is it about whether specific DEI initiatives comply with antidiscrimination law,' Kelly wrote in a 58-page order. 'Instead, it is about whether Plaintiffs have shown that they are entitled to a preliminary injunction prohibiting enforcement of the executive orders at issue. 'Because they are not likely to prevail on the merits, the Court will deny the motion,' he said. The three organizations — National Urban League, National Fair Housing Alliance and the AIDS Foundation of Chicago — sued earlier this year, contending that Trump's orders violate their First Amendment rights by censoring their views on DEI, accessibility and transgender rights. They also said the orders limit their ability to provide social and health services, like HIV treatment, fair housing and civil rights protections. Donya Khadem, a lawyer for the groups, said during a hearing in March that the breadth of the orders has made it challenging to know how to comply. She pointed to the president's executive order titled 'Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.' 'Does that mean they can't say transgender people exist?' she asked, suggesting that 'even minimal loss' of First Amendment freedom amounts to irreparable harm. But Kelly, the judge, pushed back and noted the challenge of creating a 'bright line' rule as to when conditions on government funding become unconstitutional. 'Why isn't the president permitted to have his or her policy priorities?' he asked. Khadem said there are 'constitutional limits' to how a president can implement their policy agenda, calling Trump's perspective that DEI is 'un-American' amounts to viewpoint discrimination. Kelly also questioned DOJ lawyer Pardis Gheibi over the confusion caused by Trump's orders during the March hearing, where arguments for and against a preliminary injunction were made. 'Plaintiffs can't tell what's covered,' he said. 'What is DEI and what is not?' Gheibi said any questions the organizations have about Trump's orders amount to 'legal advice,' not evidence of the orders' deficiencies. She said the orders don't 'rise or fall' on whether a legal memo explaining their scope was attached.

Denmark slaps U.S. with travel advisory for transgender travelers
Denmark slaps U.S. with travel advisory for transgender travelers

Yahoo

time24-03-2025

  • Health
  • Yahoo

Denmark slaps U.S. with travel advisory for transgender travelers

Denmark has joined a growing list of countries issuing travel advisories to transgender travelers looking to visit the U.S. Donald Trump issued an executive order curtailing the rights of the transgender community in January, which has led the U.S. to cease issuing passports with X gender markers and to not allow gender changes on renewed passports. Keep up with the latest in + news and politics. The Ministry of Foreign Affairs for Denmark issued the advisory on its page dedicated to Danish citizens traveling to the U.S. The foreign ministry did not advise transgender folks to avoid travel to the U.S. but warned that they should contact U.S. embassy officials if their passport's gender marker does not match their sex assigned at birth. 'When applying for an ESTA or visa to the United States, there are two gender designations to choose from: male or female,' the ministry wrote on its travel website. 'If your passport has the gender designation X or you have changed gender, it is recommended to contact the US embassy prior to travel for guidance on how to proceed.' The ministry is responding to Trump's executive order titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, although the order is not referenced in the advisory. It was one of the dozens of orders signed on Trump's first day in office of his second term. While the order primarily bars trans women and girls from competing in women's sports and using changing and restroom facilities that align with their gender identity, it also sets new guidelines for documentation and gender markers. 'The Secretaries of State and Homeland Security, and the Director of the Office of Personnel Management, shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder's sex, as defined under section 2 of this order; and the Director of the Office of Personnel Management shall ensure that applicable personnel records accurately report Federal employees' sex, as defined by section 2 of this order.' With the advisory, Denmark joins a growing list of nations warning transgender citizens about passport issues they may encounter when visiting the U.S. Finland, Germany, and the United Kingdom have issued similar warnings, the Associated Press reports. For its part, the U.S. Department of State last year issued an advisory for U.S. citizens considering travel to Denmark, warning visitors to 'exercise increased caution in the Kingdom of Denmark due to terrorism' on its website.

VA rescinds 2018 directive on transgender treatments, aligning with Trump 'two sexes' EO
VA rescinds 2018 directive on transgender treatments, aligning with Trump 'two sexes' EO

Fox News

time17-03-2025

  • Health
  • Fox News

VA rescinds 2018 directive on transgender treatments, aligning with Trump 'two sexes' EO

The Department of Veterans Affairs (VA) quietly rescinded a 2018 policy providing transgender-related medical services to transgender and intersex veterans on Friday, aligning the VA with the Trump administration's orders to part ways with "radical gender ideology" within the U.S. military. The memo states the VA "will conduct a comprehensive review of care with respect to trans-identifying Veterans and will undergo the rulemaking process to revise the medical benefits package as deemed necessary; however, this rescission does not affect existing clinical guidance." The VA maintains that it will not provide "gender-affirming" surgeries in its facilities or through non-VA care, as these procedures are excluded from the medical benefits package already. Additionally, the VA will not cover plastic reconstructive surgery for cosmetic or gender alteration purposes. The department also requires medical necessity for any surgical care provided, and gender alteration surgery remains unauthorized as a medical treatment. The memo says the directive providing transgender treatments – such as hormone therapy, prosthetic devices, and other tools to aid in their presentation of the desired gender – was rescinded because "it is not compliant with the definitions and terms described" in Trump's executive order, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government." Transgender and intersex veterans will still receive healthcare from the VA "that is compatible with generally accepted standards of medical practice as determined by appropriate health care professionals to promote, preserve, or restore the health of the individual," according to the new guidance. Regarding VA facilities, the memo states the department has "already addressed that all intimate spaces such as bathrooms and locker rooms are designated by Sex (M, F) or unisex for single person spaces (e.g., one door, one stall bathroom)," adding that all "signage related to gender identity has been changed." Also in line with Trump's order, the VA will maintain sex-segregated spaces based on biological sex. Under this directive, decisions regarding inpatient and residential room assignments will be made according to clinical guidance. If necessary, veterans may be assigned to private rooms or bathrooms. Trump's executive order, signed in January, mandates that federal agencies adopt the definition of sex as recognizing only male and female. It requires replacing the term "gender" with "sex" in official federal materials, prohibiting funding for sex-change treatments and programs promoting "gender ideology," and prohibiting transgender individuals from using facilities or participating in programs that align with their gender identity. Multiple lawsuits have been filed against Trump's executive orders on gender identity, as the administration challenges district court rulings through appeals. The Pentagon has also set deadlines for the end of the month to voluntarily part ways with transgender Marines, sailors, airmen and Guardians as part of Trump's order to discharge all transgender service members. The VA typically provides healthcare, benefits and support to veterans, including medical care, disability benefits and financial assistance. It also helps veterans transition from military to civilian life. An internal memo obtained by The Associated Press last week says the department will be another target of Trump's plan to downsize the federal workforce, with an expected 80,000 job cuts. Fox News Digital has reached out to the VA for comment.

Arts groups sue over Trump's ‘gender ideology' executive order
Arts groups sue over Trump's ‘gender ideology' executive order

Yahoo

time06-03-2025

  • Politics
  • Yahoo

Arts groups sue over Trump's ‘gender ideology' executive order

Four arts organizations on Thursday sued the National Endowment for the Arts (NEA) over its implementation of President Trump's executive order barring the use of federal funds for the promotion of 'gender ideology.' The groups, which are seeking funding for projects that would 'affirm transgender and nonbinary identities and experiences,' say they have been effectively blocked from receiving grants from the agency that promotes artistic excellence, despite having received funds for similar projects in the past. They argue that Congress made clear when creating the NEA that the only criteria for judging applications were 'artistic excellence and artistic merit.' 'This lawsuit seeks to enjoin an unlawful and unconstitutional exercise of executive power that has sowed chaos in the funding of arts projects across the United States, causing grievous irreparable harm to Plaintiffs and other organizations,' wrote Lynette Labinger, a lawyer with the American Civil Liberties Union (ACLU), which is backing the case. On his first day in office, Trump issued an executive order titled 'Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.' It directed that federal funds 'shall not be used to promote gender ideology.' The order has been challenged in court before, but the arts organizations' lawsuit marks the first time artists have waded into the legal fight. 'The vagueness of the prohibition requires them to guess as to what if anything they can create, produce, or promote that addresses themes of gender, or that affirms the identities of all people regardless of their gender identity,' Labinger wrote. The lawsuit was filed in federal court in Rhode Island on behalf of Rhode Island Latino Arts, a Latino-led arts organization; the National Queer Theater, a theater company in Brooklyn, N.Y., dedicated to uplifting LGBTQ artists; the Theater Offensive, a Boston theater group dedicated to the production of queer works; and Theatre Communications Group, a nonprofit promoting professional nonprofit theater. Vera Eidelman, a senior staff attorney at the ACLU, said in a statement that blocking grant eligibility for artists because the message of their work is one the government does not like 'runs directly counter' to the NEA's purpose and the role of art in society. 'This gag on artists' speech has had a ripple effect across the entire art world, from Broadway to community arts centers,' Eidelman said. 'Grants from the NEA are supposed to be about one thing: artistic excellence.' Erin Harkey, chief executive officer of Americans for the Arts, said the Trump administration's 'gender ideology' executive order has implications beyond the NEA and 'raises serious constitutional issues.' The Hill reached out to the NEA for comment on the lawsuit. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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