A Pasadena woman with a Hispanic surname has accused the state of California of racial discrimination, saying the state has illegally cut her and other non-Black mothers and young children off from state health benefits and support under its so-called Black Infant Health program.
Plaintiff Erica Jimenez filed the lawsuit on April 2 in Los Angeles federal court against the state and other government entities involved in administering the Black Infant Health program.
The lawsuit names as defendants the California Department of Public Health and its director, Dr. Erica Pan, as well as the L.A. County and Pasadena public health departments and their directors.
However, the lawsuit actually takes aim at the BIH program and the laws passed by the California state legislature to enact and fund the racially exclusive initiative.
Jimenez is represented in the action by attorneys from the nonprofit constitutional legal advocacy organization, the Pacific Legal Foundation (PLF).
The lawsuit specifically accuses the state of violating the rights of Jimenez and other non-black mothers and young children to equal protection, as guaranteed under the clause in the U.S. Constitution’s 14th Amendment.
They further assert the program violates federal civil rights laws forbidding governments from discriminating on the basis of race.
“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 PLF attorney Andrew Quinio, in a statement announcing the lawsuit. “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.”
According to the complaint, Jimenez gave birth to her first child at the age of 33 in March 2026. Before giving birth, Jimenez allegedly attempted to enroll in the BIH program administered through the Pasadena Public Health Department.
Jimenez sought to enroll in the BIH program to take advantage of a variety of prenatal and postpartum support services for pregnant women and new mothers, including counseling, medical referrals and family guidance.
However, after attempting to enroll, Jimenez allegedly was contacted by a program administrator who told her she was ineligible because neither she nor her new child were black or did not identify as African American.
“The consequences were immediate,” the complaint said. “Mrs. Jimenez was denied publicly funded services for healthy pregnancies and early childhood development—services available to others solely because they fit the government’s preferred race.
“Mrs. Jimenez’s race alone closed the door.”
The BIH program was launched in California in 1989 under legislation to establish and fund an initiative to purportedly address high rates of infant mortality and other health problems affilicting children born to black mothers in California.
According to the complaint, the state provided more than $5.5 million to Los Angeles County to administer the program locally during the 2024-2025 and 2025-2026 fiscal years. That reportedly included more than $900,000 in federal Title V funds.
The Pasadena Public Health Department reportedly contracts with Los Angeles County to provide the services to residents of that community.
However, the program is restricted only to “Black women who are 16 years or older, pregnant or up to six months postpartum at the time of enrollment…”
The program includes no income-based criteria.
In the complaint, the plaintiffs alleged the program’s exclusive use of race means it openly violates the Constitution’s guarantee of equal protection and federal anti-discrimination laws.
“The Constitution forbids this racial discrimination: The Equal Protection Clause bars the government from conditioning public benefits on race,” the complaint said.
“Our civil rights laws forbid this: Title VI prohibits recipients of federal funding from excluding individuals on the basis of race. And basic principles of human dignity forbid it: motherhood should not begin with unequal treatment based on race.”
The plaintiffs seek to expand the action to a class action, as they seek to win an order barring the state and local health departments from administering the BIH program in a racially discriminatory manner throughout California.
They seek only nominal money damages, plus attorney fees.
The state and other government defendants have not yet responded to the lawsuit.
