The federal District Court in Maryland (Brendan A. Hurson) has extended a temporary restraining order and issued a nationwide injunction against the enforcement of the Executive Order on Gender Identity asking federal agencies to assure that grant funds to not “promote gender ideology” (EO 14,168) and the Order cutting off grants for transgender services (EO 14,187). The case was brought by PFLAG, Inc., a national membership organization dedicated to supporting and advocating for LGBTQ+ people, the American Association of Physicians for Human Rights (GLMA), and six individual plaintiffs.
The Court affirmed its findings of fact from the TRO case. It also found that the plaintiffs showed likelihood of success on (1) its claim that the Orders were ultra vires as violating separation of powers and exceeding Presidential authority, (2) its claim that the Orders were ultra vires as violating prohibitions against sex discrimination in the Affordable Care Act and the Public Health Service Act, and (3) its claim for violation of equal protection. The Court granted a nationwide injunction because the plaintiff associations have members “throughout the country” and the Orders have created “an in terrorem effect that has coerced hospitals to immediately stop providing gender affirming medical care.” (PFLAG v. Trump, D. MD, No. 25-337, 3/4/25.)
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