Wild Ninth Circuit Ruling: HUD Can’t Bar Recipients of Homelessness Grants from Using Grant Funds to Promote Gender Ideology, Abortion, or Illegal Immigration

The federal Department of Housing and Urban Development makes grants to local governments to assist the homeless. In a startling opinion today (in County of King v. Turner), a divided panel of the Ninth Circuit ruled that HUD can’t prohibit the local governments from using the grant funds to fund or promote gender ideology, elective abortions, or illegal immigration. Judge Margaret McKeown wrote the majority opinion, and Judge Richard Paez joined it. Both were appointed by Bill Clinton.

In dissent, Judge Patrick Bumatay (appointed by Donald Trump) explains that HUD’s funding conditions fall well within its statutory authority to set conditions that advance the effectiveness of the funding program.

The majority and the dissent agree that, contrary to what the Carter(!)-appointed district judge ruled, HUD and the Department of Transportation can prohibit grant recipients from engage in unlawful discrimination. They disagree on whether the agencies can require recipients to agree that their compliance with federal anti-discrimination laws is material to the agencies’ payment decisions for purposes of the False Claims Act.