The government can’t discriminate based on gender identity. The flip side of that is that the government can’t give preferential treatment based on gender identity, since doing so is implicit discrimination against those without said identity. They’re going to win this lawsuit.
How is gender identity different from other protected classes like race? Aren’t they allowed to provide preference based on race? Not American so I don’t know the nuances of the law.
It’s not different from race in that regard.
The basis of the legal challenge is on the law saying you cannot discriminate against protected classes, race, disability, gender, etc.
There isn’t a specific rule preventing affirmative action, taking steps to mitigate prior discrimination, from happening, but in practice, there is often enough an argument that can be used, that helping a disadvantaged group is still discriminating against another group.
While I support UBI and affirmative action in general, there’s a very real chance this will lose a court battle.