April 7, 2026 - Los Angeles, California - A California mother filed a lawsuit today challenging a state program that denied her 
access to prenatal and postpartum support services based on her race. Erica Jimenez alleges that the Black Infant Health (BIH) program, which conditions enrollment on race, violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the 1964 Civil Rights Act.
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“California’s program treats race as a stand-in for need — assuming that only mothers of one race deserve or require the help this program offers,” said Andrew Quinio, an attorney with Pacific Legal Foundation. “Drawing a line around a public benefit program and saying only certain races may enter is precisely the kind of discrimination the Equal Protection Clause prohibits.”
Jimenez sought to enroll in the BIH program, which provides prenatal and postpartum group sessions, one-on-one counseling, and referrals for medical services. She was turned away solely because of her race. California has operated the program on race-based eligibility criteria since 1989, with no income requirement or race-neutral pathway to participation.
The lawsuit asks the court to strike down the program’s racial eligibility requirements and open enrollment to all mothers in need. A victory would ensure that California’s maternal support resources are distributed based on need — not race.
Pacific Legal Foundation represents Jimenez free of charge. The case is Erica Katherine Jimenez v. Dr. Erica Pan, Director for California Public Department of Public Health.
About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.
Source: Pacific Legal Foundation
