You may recall from my earlier blog that a group of organizations and individuals who specialize in the delivery of high-quality health care and other critical services to members of the LGBT community filed suit in California to enjoin the implementation of President Trump’s Executive Order 13950 seeking to combat “offensive and anti-American race and sex stereotyping and scapegoating.” The judge in that case has now issued a nationwide preliminary injunction halting the Executive Order’s application to federal contractors, nonprofits and other recipients of federal funding. A copy of the Court’s 34-page ruling can be found here. The judge, however, allowed the Executive Order to continue in effect as applied to U.S. Agencies and the U.S. Military. The specifics of the court order may be found in the Court Order.
The impact of enjoining the Executive Order is significant, as many nonprofits and federal contractors were concerned with the lack of clarity of the Executive Order. While many believe that, after his inauguration, the Biden administration will likely rescind the Executive Order, the preliminary injunction issued by the court is currently in effect. Federal contractors, nonprofits and grant recipients should take notice, and contact counsel if they have any questions on the application of the nationwide injunction.