WASHINGTON D.C. — (12-24-20) — U.S. District Judge Beth Labson Freeman handed one-term President Donald Trump another defeat in ruling against his executive order cancelling the Labor Department’s ‘LGBTQ Diversity Training Program’.
The executive order issued by Trump back on September 22, announced that he was going to cancel the policy of contractors being forced to promote what he called ‘Anti-American’ Diversity Ideas, but Judge Beth Labson Freeman said otherwise in her order by calling it a Likely Unconstitutional ‘Insult’ towards communities that have historically been underserved.
One term Trump called the ‘Diversity Training’ program an “anti-American propaganda,” scheme that he was going to end, but Judge Freeman found that LGBT rights groups were likely to succeed on First Amendment grounds.
“The court agrees with plaintiffs that the government’s argument is a gross mischaracterization of the speech plaintiffs want to express and an insult to their work of addressing discrimination and injustice towards historically underserved communities,” wrote U.S. District Judge Beth Labson Freeman in her 34-page order on Tuesday. “That this government dislikes this speech is irrelevant to the analysis but permeates their briefing.”
Judge Freeman’s ruling halts two major provisions of Trump’s executive order signed on Sept. 22, where one term Trump claimed would “combat offensive and anti-American race and sex stereotyping and scapegoating.”
“Requiring federal grantees to certify that they will not use grant funds to promote concepts the government considers ‘divisive,’ even where the grant program is wholly unrelated to such concepts, is a violation of the grantee’s free speech rights,” wrote Judge Freeman.
The Santa Cruz Lesbian and Gay Community Center along with several civil rights groups sued the Trump administration over his outrageous executive order.
“Plaintiffs have demonstrated a likelihood of success in proving violations of their constitutional rights,” states the ruling issued by Judge Freeman. “Moreover, as the government itself acknowledges, the work Plaintiffs perform is extremely important to historically underserved communities.”
Review Case 5:20-cv-07741-BLF – Santa Cruz Lesbian and Gay Community Center d/b/a The Diversity Center of Santa Cruz, et al., vs Donald J. Trump, as President of the United States
Leading the fight in the lawsuit victory was attorney Avatara Smith-Carrington, who represented the LGBTQ and Civil Rights groups as a Tyron Garner Memorial Law Fellow at Lambda Legal said…“Judge Freeman saw this ban for what it is: An effort to quash the truth and sweep under the rug an honest and long overdue reckoning with structural racism and sexism in our society,”
“Plaintiffs’ declarations provide substantial evidence that the restrictions on speech imposed by Sections 4 and 5 of the Executive Order, in conjunction with the vagueness of those restrictions, has chilled Plaintiffs’ exercise of their free speech rights,” wrote Freeman.
Described by Donald Trump’s Office of Management and Budget as red flags under the rule included “critical race theory,” “white privilege,” “intersectionality,” “systemic racism,” “positionality,” “racial humility,” and “unconscious bias.” Judge Freeman ruled that “This order damaged the LGBT and AIDS advocacy groups engaged in such diversity training. Moreover, Plaintiffs have lost opportunities and income as a result of others’ understanding of the effect of the Executive order,” ruled Judge Freeman.
The Department of Justice has yet to respond to press inquiries. Now that The Trump administration is coming to an end, there is little chance of an appeal to Judge Freeman’s ruling.
Article by: Paul Goldberg, Staff Writer
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