Singer and activist Malynda Hale has slammed a discrimination lawsuit filed by a white woman challenging her exclusion from California’s Black Infant Health program.
Hale says a legal complaint filed by Erica Jimenez against the California Department of Public Health, alleging racial discrimination after she was denied entry into the program while pregnant, is flawed.
“This Is Not About Exclusion”
In her widely shared Instagram video, Hale forcefully defended the program’s purpose, arguing that it was intentionally designed to address specific and well-documented disparities affecting Black mothers and infants.
“The Black Infant Health Program exists because Black women are dying at higher rates during pregnancy and childbirth,” Hale said.“Black babies are dying at higher rates… This program was specifically created on purpose to address a specific harm.”
She rejected claims that the program is discriminatory, framing it instead as a targeted public health intervention rooted in equity rather than exclusion.
Lawsuit Challenges Race-Based Criteria
The lawsuit, backed by the Pacific Legal Foundation, argues that the program violates the Equal Protection Clause of the 14th Amendment and federal civil rights law by limiting access based on race.
Jimenez, who applied to a local program site in Pasadena, claims she met all eligibility requirements except for race and was denied services solely on that basis.
Her legal team contends that publicly funded programs should not restrict access using racial criteria, describing the policy as unconstitutional.
Equity vs. Equality Debate
Hale’s response directly addressed that argument, drawing a distinction between equality and equity—an increasingly central issue in policy debates.
“Equity is not about making sure everyone gets the same thing,” she said. “Equity is about making sure people get what they need.”
She criticized what she described as a broader pattern of opposition to initiatives designed to address systemic disparities, arguing that such resistance often emerges when programs are specifically tailored to Black communities.
“The moment something is designed to address Black issues, suddenly it becomes a problem,” Hale said.
Program’s Public Health Mission
The Black Infant Health (BIH) program, established in 1989, focuses on improving outcomes for Black mothers and infants—groups that face disproportionately high rates of maternal and infant mortality in the United States.
The initiative provides prenatal and postpartum support, counseling, and resources aimed at addressing both medical and social determinants of health. It receives both state and federal funding.
Public health experts have long cited structural inequalities, including access to care and systemic bias, as contributing factors to these disparities.
Broader Legal and Political Context
The case is part of a growing wave of legal challenges targeting diversity, equity, and inclusion (DEI) programs across the United States. Following recent court rulings on affirmative action, similar lawsuits have increasingly questioned whether race-conscious policies violate civil rights laws.
If successful, the lawsuit could have far-reaching implications, potentially forcing changes to programs specifically designed to address racial disparities in healthcare and other sectors.
“You’re Not the Center of Every Story”
Hale’s most pointed critique centered on what she described as entitlement and a misunderstanding of historical context.
“This isn’t about discrimination,” she said. “It is about a refusal to understand history and a refusal to accept that you are not the center of every story.”
Her comments have resonated widely online, with supporters praising her for articulating frustrations around the erosion of targeted equity programs, while critics argue that public services should remain universally accessible.
As the lawsuit moves forward, the controversy highlights a fundamental tension in American policy: whether addressing inequality requires targeted solutions or strictly race-neutral ones.
