The State of Oregon continues to defend a state program that distributes federal coronavirus relief funds to black people — and only black people — after two separate lawsuits have challenged the program as a violation of the U.S. Constitution.

As the Wall Street Journal‘s James Freeman noted on Saturday, a federal judge already denied Great Northern Resources’ attempt to block further disbursements from the fund, but has yet to rule on the underlying constitutional issues in the case.

The first lawsuit is being funded by the Project on Fair Representation, which describes itself as “a nonprofit legal foundation based in Arlington, Virginia” whose mission “is to challenge in state and federal courts government distinctions and preferences made on the basis of race.”

Oregon Gov. Kate Brown (D) and Attorney General Ellen Rosenblum said last month: “The data show that Black Oregonians are experiencing disproportionate harm from COVID-19. … We must not allow pernicious and ideologically-motivated lawsuits to impede our efforts to deliver critical resources to Oregonians amid a devastating pandemic.”