The states’ lawsuit argues that the Department of Health and Human Services, at least by itself, lacks the authority to impose such conditions on the disbursal of federal funds. Instead, the attorneys general say, the Trump administration is merely attempting to coerce states into supporting a discriminatory agenda.
A coalition of a dozen attorneys general have filed a lawsuit against the Trump administration, claiming that the U.S. Department of Health and Human Services is attempting to unlawfully restrict hundreds of billions of dollars in federal funding from states that won’t discriminate against transgender people.
In a press release, New York Attorney General Letitia James said that the Department of Health and Human Services, or HHS, has threatened to “terminate grants, demand repayment of funds already spent, or pursue civil or criminal penalties” against any state deemed non-complaint with the administration’s policies on gender identity-related health care.
The states’ lawsuit argues that the Department of Health and Human Services, at least by itself, lacks the authority to impose such conditions on the disbursal of federal funds. Instead, the attorneys general say, the Trump administration is merely attempting to coerce states into supporting a discriminatory agenda.
“The federal government is trying to force states to choose between their values and the vital funding their residents depend on,” James said in a statement. “This policy threatens health care for families, life-saving research, and education programs that help young people thrive in favor of denying the dignity and existence of transgender people. New York will not abandon our values, our laws, and above all, our residents. My office is suing to block this cruel and unjust directive.”
Oregon Attorney General Dan Rayfield, a co-plaintiff in the lawsuit, said that the Department of Health and Human Services has asked a number of public institutions—ranging from universities to hospitals—to certify compliance with federal Title IX protections. Under the Trump administration, the definition of compliance has been extended to “include[e] the requirements” of an executive order that provides narrow definitions of sex and gender.
“Oregon has worked hard to expand access to medical choice and make sure everyone can get the care they need,” Rayfield’s office said in a statement. “This policy uses federal money to interfere with deeply personal medical decisions that belong to patients, families, and their doctors. Agencies shouldn’t be forced to take care away from people just to keep their funding.”
Other plaintiffs in the case, including Minesota Attorney General Keith Ellison, noted that compliance with the Department of Health and Human Services’ new rule would put many states at odds with their own constitutions. The Minnesota Human Rights Act, for instance, has banned discrimination on the basis of gender identity since 1993.
The other plaintiffs in the case include the attorneys general of California, Colorado, Delaware, Illinois, Michigan, Nevada, Rhode Island, Vermont, Virginia, and Washington.
Sources
Minnesota attorney general joins lawsuit against HHS transgender funding rule
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