The first lawsuit, filed by the NAACP Legal Defense Fund on behalf of the National Urban League and the National Fair Housing Alliance in U.S. District Court for the District of Columbia, challenging E.O. on Combatting Race and Sex Stereotyping was filed on October 29, 2020. The complaint alleges that the E.O. violates the First and Fifth Amendments by infringing on the Constitution’s guarantees of free speech, equal protection, and due process and alleges that it is unconstitutionally vague and should be declared unlawful and invalid.

The second challenge came on November 3, 2020 and was filed in the Northern District of California by Lambda Legal on behalf of various LGBTQ advocacy groups making the same allegations as in the first complaint.

The Plaintiffs seek a declaratory judgement that the E.O. and its implementing agency action are unlawful and unconstitutional.