Santa Cruz Lesbian and Gay Community Center v. Trump

Background

The plaintiffs requested nationwide preliminary injunctive relief concerning Sections 4 and 5 of Executive Order 13950 and agency guidance anticipating or implementing that order. The excerpt does not identify the plaintiffs’ specific legal claims or describe the factual allegations underlying the request.

Court’s ruling

The court stated that the plaintiffs had demonstrated a need for preliminary injunctive relief under the standard identified in Winter v. Natural Resources Defense Council, Inc. It therefore granted in part the plaintiffs’ motion and issued a preliminary injunction.

The injunction applies to the named organizational defendants and to the named individual defendants in their official capacities, including the U.S. Department of Labor and its Secretary; the Office of Federal Contract Compliance Programs and its Director; the Office of Management and Budget and its Director; the U.S. Department of Health and Human Services and its Secretary; the U.S. Department of Justice and the Attorney General; the U.S. Department of Housing and Urban Development and its Secretary; the U.S. Department of Veterans Affairs and its Secretary; the National Endowment for the Humanities and its Chair; and the National Endowment for the Arts and its Chair.

The order prohibits the defendants from implementing or enforcing Sections 4 and 5 of the executive order. Among other things, it bars them from:

- requiring federal contractors or subcontractors to avoid workplace training involving concepts identified in Section 4(a)(1); - requiring contractors or subcontractors to notify labor unions or employee representatives about commitments under the order or related contract terms; - canceling, terminating, suspending, or otherwise sanctioning contractors based on alleged noncompliance; - requiring contractors to impose the order’s terms on subcontractors and vendors; - using a hotline or other information about alleged noncompliance to take enforcement action or provide remedies; - publishing additional requests for information about contractors’ or subcontractors’ training, workshops, or programming; and - imposing or enforcing grant conditions requiring recipients to certify that they will not use federal funds to promote concepts identified in Section 5.

The order also bars other actions intended to carry out or enforce Sections 4 or 5. It took effect immediately, required the defendants to take steps for prompt compliance, and required notice to affected contractors, subcontractors, grantees, and sub-grantees. The injunction applies to the defendants and their officers, agents, employees, attorneys, and persons acting together with them, and remains in effect until further order of the court.