CFER Foundation

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Published February 25, 2026

Pregnant or planning to? Join us to halt statewide “Black Infant Health” program!

Action AlertDEILegal

While California’s most progressive icon backed down from using race to determine recipients of government assistance for maternal/infant health, the State Government doubled down with a program called “Black Infant Health (BIH).” BIH seeks to “help participants enhance life skills within a culturally affirming and supportive environment that honors the unique history of Black women and birthing people, reduces stress, and build social support.” We need your support in helping CFER identify potential victims that are missing out on government assistance to their maternal health and their babies’ care.

by

CFER

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California’s progressive political establishment has a never-ceasing desire to insert race into public policies, even in the face of legal risks. As you may know, in January, CFER finalized a settlement with San Francisco for the latter to defund four unconstitutional guaranteed income programs. Two of the four programs provided cash stipends to black pregnant women and mothers. While California’s most progressive icon backed down from using race to determine recipients of government assistance for maternal/infant health, the State Government doubled down with a program called “Black Infant Health (BIH).”

Branded as “a health equity program that offers individual and support to pregnant and post-partum Black mothers and birthing people,” BIH seeks to “help participants enhance life skills within a culturally affirming and supportive environment that honors the unique history of Black women and birthing people, reduces stress, and build social support.” Specifically, the program provides: 1. 10 prenatal and 10 postpartum sessions designed to empower and support participants; 2. 1:1 support available to 16- and 17-year-old participants and those who are unable to attend group sessions. The initiative was “created in recognition that anti-Black racism, social and economic stressors, and neighborhood conditions contribute to poor birth outcomes for Black mothers, birthing people, and infants.”

Ladies and gentlemen, this is government-endorsed racism in action. Should the government help at-risk expecting mothers? Of course! But it should do so without regard to race. Besides, the research cited by the California Department of Public Health in justification for BIH is rudimentary and false. There are some over-the-top grievance studies generalized to legitimize the theory of systemic inequities as an overarching structure behind disparities. The state also misinterprets more rigorous studies to place race over more influential factors such as a host of previous health conditions. CFER Executive Director Dr. Wenyuan Wu has detailed the abuse and misuse of research in similar programs here.

Back in 2023, when the State Legislature considered AB 1701 “Black Infant Health: California Perinatal Equity Initiative,” CFER opposed it. In our position letter, we wrote:

“According to data from the March of Dimes, during 2017 and 2019, the infant mortality rate per 1,000 live births in California was lowest among Asian/Pacific Islanders (2.9), compared with for White infants (3.2), Hispanic infants (4.4), and Black infants (8.3)… [I]n 2020, according to the Center for Disease Control (CDC), 861 women in the United States died related to pregnancy, out of a total of about 3.6 million births—a rate of 0.02 percent. Over 350 were white, while under 300 were black.”

Our evidence-rich position was ignored and the bill was signed into law. But government action should not be the final say on this matter. We still have the court of law and we intend to use it to defend equal treatment against racial favors.

As such, can we recruit your support in helping CFER identify potential victims that are missing out on government assistance to their maternal health and their babies’ care? If you know someone who is pregnant or planning to get pregnant soon, can you please connect us with her? That person can help CFER bring a legal challenge against the state to stop BIH as an unnamed member plaintiff.

Currently, BIH is present in these communities “where over 90% of African-American births occur.” We would love to talk with an eligible member plaintiff from one of these areas but we are also open to any Californian who is expecting. Simply reply to this email if you have a lead and we will be in touch!


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.

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