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 Wednesday.

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 State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.

The lenacapavir doses arrived in Eswatini and Zambia.

The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”

Lenacapavir users inject the drug twice a year.

The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”

“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.

“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”

The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.

Vice President JD Vance on Oct. 17 swore in Under Secretary of State for Economic Growth, Energy, and the Environment Jacob Helberg.

Helberg stood alongside his husband, Keith Rabois, during the ceremony.

“An unforgettable moment being sworn in by Vice President Vance alongside my husband, Keith Rabois,” wrote Helberg in a LinkedIn post that included two photos of the swearing in ceremony. “VP Vance is a friend and a role model for a generation of patriots who look to the future with excitement and optimism while always putting America First.”

“Grateful to serve under President Trump and Secretary Rubio’s historic leadership, as we unleash America’s economic power — fueling growth, energy abundance, and technological leadership for a new American century,” added Helberg.

President Donald Trump before his inauguration announced he would nominate Helberg.

Treasury Secretary Scott Bessent and former U.S. Ambassador to Germany Richard Grenell, who Trump named as interim executive director of the Kennedy Center in D.C., are among the Trump-Vance administration’s openly gay members. Former State Department spokesperson Tammy Bruce, who Trump has nominated to become deputy representative at the U.N., describes herself as a “gay woman.”