Arizona LGBTQ clinic joins federal lawsuit against Trump

[Lori Dee]

Arizona LGBTQ clinic joins federal lawsuit against Trump
Link to Full Article
The Tucson Sentinel - This report was first published by the LOOKOUT.
Joseph Darius Jaafari - LOOKOUT
Posted Feb 26, 2025, 6:38 am

One of Arizona's largest LGBTQ+ clinics, Prisma Community Care, has joined a lawsuit against three Trump-era executive orders that would strip federal funding from health providers serving LGBTQ+ people.

Prisma, formerly the Southwest Center for HIV and AIDS, is teaming up with eight other clinics from across the country to challenge these policies in California's Northern District Court. The lawsuit argues that the executive orders strong-arm clinics into recognizing only binary genders assigned at birth and dismantling diversity programs.

Lambda Legal, the group representing the clinics, is calling out the orders as a blatant attempt to penalize organizations for "acknowledging the existence of transgender people, advocating for their rights, and adopting an equitable approach to the provision of their services that recognizes the rich diversity of the United States," according to the lawsuit.

"These executive orders pose an existential threat to transgender people and the organizations that advocate for them and provide them shelter, community, and support," said Jose Abrigo, Lambda Legal's HIV Project Director and lead attorney on the case. "This lawsuit is about challenging the Trump administration's attempt to erase trans people from public life and ensuring these organizations can continue serving the communities that rely on them."

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Check out the full article in the link above.

[Sarah B]

Hi Everyone

The article also mentions the following in the last paragraph:

The lawsuit, San Francisco AIDS Foundation v.  Trump, argues that these executive orders violate the First Amendment's free speech protections, the Fifth Amendment's Due Process Clause, the Equal Protection Clause of the Fourteenth Amendment and the Administrative Procedure Act. 

The recent executive orders from the administration represent a significant threat to LGBTQ+ individuals by limiting their rights, access to necessary services and recognition under federal law.  Implementing policies that cut federal funding to institutions that support LGBTQ+ communities, these measures bring up serious constitutional and legal issues.  The violations outlined below show how these orders erode essential protections, leading to detrimental effects for LGBTQ+ people nationwide.

Here is a list of possible violations along with brief descriptions:

• First Amendment Free Speech
  Prohibits compelled speech and government censorship.
• First Amendment Unconstitutional Conditions Doctrine
  Government cannot condition funding on forcing organizations to adopt certain speech or policies.
• Fifth Amendment Due Process Clause
  Prohibits vague or arbitrary enforcement of laws.
• Fourteenth Amendment Equal Protection Clause
  Prohibits discrimination against LGBTQ+ individuals in government policies.
• Eighth Amendment Cruel and Unusual Punishment
  Protects incarcerated transgender individuals from mistreatment.
• Tenth Amendment States Rights Violation
  Federal government cannot coerce states into enforcing policies outside its authority.
• Spending Clause (Article I, Section 8, Clause 1)
  Only Congress controls federal funding; the executive branch cannot unilaterally withhold it.
• Separation of Powers (Article I vs. Article II)
  Executive orders cannot override congressional funding decisions.
• Administrative Procedure Act Violation
  Requires proper rulemaking procedures, including public notice and comment, before enforcing policies.

These executive orders are already encountering legal hurdles as courts scrutinize their validity and whether they comply with constitutional protections.  Given the ongoing lawsuits that argue executive overreach, violations of due process and discrimination, it's likely that the judiciary will step in.  If the funding cuts go ahead, we can expect more legal challenges, which could raise the likelihood of these orders being overturned or blocked by the courts.

Best Wishes Always
Sarah B
Global Moderator