The NAACP and other civil rights groups sued US President Donald Trump Thursday, challenging his executive order barring federal contractors and federal grant recipients from participating in certain racial bias training.
Plaintiffs argue that Trump’s Executive Order seeks to “undermine efforts to foster diversity and inclusion in the workplace.” Trump’s order allegedly prevents Plaintiffs from effectively addressing the “persistent harms, privileges, and disadvantages associated with systemic discrimination and implicit biases.” Further, the order allegedly “presents a false rendering of our Nation’s history by misrepresenting the Founders as inspired by the belief in the inherent equality of every individual” while simultaneously “rejecting the racialized views of America.” Plaintiffs argue that, “by denying the longstanding discrimination against people of color, women, and LGBTQ individuals, EO 13950 is an invitation for revisionism and retrogression on matters of truth and equality.”
Plaintiffs also argue that the order prohibits and censors protected speech by “proscribing the teaching of divisive concepts” and failing to determine which activities are prohibited or permitted, potentially leading to selective enforcement. In addition, Trump’s order allegedly violates not only the First Amendment but also the Equal Protection Clause.
The complaint states:
By denying the longstanding discrimination against people of color, women, and LGBTQ individuals, EO 13950 is an invitation for revisionism and retrogression on matters of truth and equality. Despite the urgent need to address and remedy systemic discrimination and counter the harms stemming from implicit biases, EO 13950 unconstitutionally forces Plaintiffs to choose between censoring speech on these important issues or forfeiting any opportunity to enter into a federal contract for the provision of goods or services or to receive federal funds as a grant recipient. The infringement of Plaintiffs’ private speech on these matters of public concern and public welfare is deeply troubling. But Defendants’ actions are even more menacing given that issues of systemic race and sex discrimination have been at the forefront of public discourse throughout the Trump Administration. This censorship of Plaintiffs’ speech by the federal government is anathema to a free democracy.
Plaintiffs seek a declaration that Trump’s executive order is unlawful and invalid and a permanent injunction enjoining defendants from implementing or enforcing any part of the order.