A group of Democrats opposed to gender ideology has filed a First Amendment challenge to an Illinois law that prohibits the organization from using “Democrat” in its incorporated title without the party’s permission.
Democrats for an Informed Approach to Gender sued Tuesday in federal court after the Illinois secretary of state’s office rejected its application last month to register as a state-recognized charity over its use of the word “Democrat.”
Under the Illinois General Not for Profit Corporation Act of 1986, applicants for nonprofit status seeking to use a political party’s name in their title must obtain an approval letter from the party’s state central committee, according to the lawsuit.
The problem? Democrats for an Informed Approach to Gender opposes the Democratic Party’s stance on transgender-related issues, including the party’s support for pediatric “gender-affirming care” and biological males accessing female restrooms, prisons and sports based on gender identity.
“Without that letter, DIAG will face fines or jail time if they attempt to engage in protected speech within the state of Illinois,” said the Foundation for Individual Rights and Expression, which represents DIAG.
“Not only would they likely face an uphill battle in getting approval from the Illinois Democratic Party, they refuse on principle to seek permission from the very party they plan to criticize,” said the foundation. “And under the First Amendment, they shouldn’t have to.”
LAWSUIT: Want to criticize a political party in Illinois? Better get approval first.
FIRE is suing to strike down a law that blocked a group of dissenting Democrats from operating in Illinois simply for using “Democrats” in its name. pic.twitter.com/yJxC5tCvIn
— FIRE (@TheFIREorg) January 27, 2026
Launched in 2024, the California-based group is registered as a nonprofit with the federal government and may solicit charitable contributions in 37 states, with applications pending in six other states.
The Illinois law’s “Party Name Provision” represents a “unique impediment to nonprofits’ First Amendment activity,” said the motion.
“Illinois is the only state in which DIAG attempted to register as a charitable organization and was required to get permission from a political party due to its name,” said the lawsuit filed in U.S. District Court for the Northern District of Illinois (Eastern Division).
DIAG calls itself a “grassroots coalition of liberal voters,” including current and former Democrats, but the organization has already run afoul of at least one state party over its branding.
Two years ago, the Colorado Democratic Party called on DIAG to change its name, accusing the group of “transphobia.”
“Our transgender community members deserve the same safety and welcome in the Democratic Party as anyone else, and I call on this viciously anti-trans organization to cease use of our Party name to support their hate-filled agenda,” said Shad Murib, the state party chair, in an April 2024 statement. “Transphobia has no place in the Colorado Democratic Party.”
DIAG didn’t change its name then, and it doesn’t plan to now, said Jenny Poyer Ackerman, DIAG board secretary.
“The Illinois Democratic Party doesn’t get to decide whether we can call ourselves ’Democrats,’” she said in a statement. “DIAG was founded on our belief in open inquiry, challenging ideological conformity, and above all, the freedom to speak out. Backing down would go against everything we believe.”
The foundation argued that the state law gives the state parties a veto over groups like DIAG, as well as organizations like the Democratic Socialists of America, Log Cabin Republicans, and Federation for a Democratic China.
“DIAG has every reason to believe that the Democratic Party of Illinois will deny it approval,” said the foundation. “But more to the point, its leaders refuse on principle to seek a permission slip from a party whose platform it has criticized and plans to criticize in Illinois.”
The lawsuit filed against Illinois Secretary of State Alexi Giannoulias asked the court to strike down the law’s party-name provision permanently.
“Illinois can’t get around the First Amendment by outsourcing censorship to party bosses,” said FIRE attorney Daniel Zahn. “No American — Republican, Democrat or independent — should have to bend the knee before a political party to participate in the political system.”
