Published June 18, 2025
Many race-based public health programs have proliferated at the local level, among which is the San Diego County Black Infant Health Program (BIH). Aimed at “improv[ing] African-American infant and maternal health, as well as decreas[ing] Black-White health and social inequities for women and infants,” BIH provides “a culturally affirming environment and honor[s] the unique history of African-American women.”CFER has resolved to challenge the constitutionality and legality of the program’s facially race requirement.
by
CFER
That “health disparities have racist roots” has become a common myth. In California, the passage of SB 17 in 2021 led to the establishment of a statewide Office of Racial Equity and a declaration that “racism is a public health crisis” Following the state government’s rhetoric, many race-based public health programs have proliferated at the local level, among which is the San Diego County Black Infant Health Program (BIH).
Aimed at “improv[ing] African-American infant and maternal health, as well as decreas[ing] Black-White health and social inequities for women and infants,” BIH provides “a culturally affirming environment and honor[s] the unique history of African-American women.” Specifically, the program “uses a group-based approach with complementary client-centered case management to help participants develop life skills, strategies to reduce stress, and build social support.”
This sounds blatantly unconstitutional! While we are astounded to learn about BIH, CFER has resolved to challenge the constitutionality and legality of the program’s facially race requirement. In order for us to have a strong legal standing in arguing this case, we will need individual plaintiffs who are: 1. Non-Black San Diego residents; 2. Pregnant or Planning for kids. As always, CFER protects the anonymity and privacy of our individual plaintiff members. If you know someone who fits our criteria, will you point us to her way?
To defend the indefensible, race hustlers often weaponize research to justify their claims for racial preferences. In the case of BIH, proponents point to research on “obstetric racism” and other health inequities in birth outcomes. Does this kind of research hold weight?
CFER Executive Director Dr. Wenyuan Wu published a literature review of prevalent research behind programs like BIH, which found a sand castle of flawed studies, confirmation biases and misinterpreted causality. For instance, a 2023 journal article from Social Science & Medicine, frequently quoted to show racism against “Black birthing people,” contains a measly sample size of 34 participants and puts out outlandish claims such as “the Black Lives Matter Movement is necessary.” There is also a 2018 paper in the European Journal of Obstetrics & Gynecology and Reproductive Biology that identified 23 maternal risk factors. Out of the 23 factors, individual-level variables such as preterm birth, preexisting hypertension, preexisting diabetes and sickle cell anemia were found to be more consequential than race. If you want to learn more about the corruption and misuse of “scientific research,” read her latest analysis here.
In 2023, we worked with several concerned San Franciscans to challenge a similar program called “The Abundant Birth Project.” While that case is still active, we have strengthened our resolve to identify and expose other race-based public health initiatives. Please help us by connecting CFER with potential individual plaintiffs.
Thank you in advance!
Contact:
Wenyuan Wu
wenyuan.wu@cferfoundation.org
About Californians for Equal Rights Foundation (CFER):
We are a non-partisan and non-profit organization established following the defeat of Proposition 16 in 2020, with a mission to defend and raise public awareness on the cause of equal rights through public education, civic engagement and community outreach. In 1996, California became the first U.S. state to amend its constitution by passing Proposition 209 to ban racial discrimination and preferences. Prop. 209 requires that “the state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” CFER is dedicated to educating the public on this important constitutional principle of equal treatment.