FOIA lawsuit filed against State Department for PEPFAR records

HIV/AIDS activists place Black Styrofoam coffins in front of the State Department on April 17, 2025, to protest the Trump-Vance administration’s foreign aid cuts that impacted PEPFAR-funded programs. The Council for Global Equality and Physicians for Human Rights have filed a FOIA lawsuit that seeks the State Department’s PEPFAR-related documents and data. (Washington Blade photo by Michael Key)

The Council for Global Equality and Physicians for Human Rights have filed a Freedom of Information Act lawsuit against the State Department for PEPFAR-related data and documents.

The groups, which Democracy Forward represents, filed the lawsuit in U.S. District Court for the Southern District of New York on Feb. 11.

Then-President George W. Bush in 2003 signed legislation that created PEPFAR. UNAIDS Executive Director Winnie Byanyima last March said PEPFAR has saved 26 million lives around the world.

The Trump-Vance administration in January 2025 froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze.

The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of gaps in U.S. funding. HIV/AIDS activists have also sharply criticized the Trump-Vance administration over reported plans it will not fully fund PEPFAR in the current fiscal year.

The lawsuit notes the Council for Global Equality and Physicians for Human Rights have “filed several FOIA requests” with the State Department for PEPFAR-related data and documents. The groups filed their most recent request on Jan. 30.

“On Jan. 30, 2026, plaintiffs, through counsel, sent State a letter asking it to commit to prompt production of the requested records,” reads the lawsuit. “State responded that the request was being processed but did not commit to any timeline for production.”

“Plaintiffs have received no subsequent communication from State regarding this FOIA request,” it notes.

“Transparency and inclusion have been hallmarks of PEPFAR’s success in the last decade,” said Beirne Roose-Snyder, a senior policy fellow at the Council for Global Equality, in a press release that announced the lawsuit. “This unprecedented withholding of data, and concurrent ideological misdirection of foreign assistance to exclude LGBTQI+ people and others who need inclusive programming, has potentially devastating and asymmetrical impacts on already marginalized communities.”

“This data is vital to understanding who’s getting access to care and who’s being left behind,” added Roose-Snyder.

“We filed this lawsuit to seek transparency: the administration’s PEPFAR data blackout withholds information the public, health providers, and affected communities need to track the HIV epidemic and prevent avoidable illness and death, obscuring the true human cost of these policy decisions,” said Physicians for Human Rights Research, Legal, and Advocacy Director Payal Shah.

The State Department has yet to respond to the Blade’s request for comment on the lawsuit.

The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.

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