States Sue to Block HHS’ Gender Ideology Defund Efforts
Attorneys general from twelve Democratic-led states are filing a lawsuit against the Trump administration, aiming to stop the Department of Health and Human Services (HHS) from cutting funding to various gender-related initiatives.
On his first day in office, President Donald Trump made a significant move against gender ideology, stating, “It is the policy of the United States to recognize two genders, male and female. These genders cannot be changed and are based on a fundamental and indisputable reality.” He directed that federal grants should not support gender ideology.
New York Attorney General Letitia James pointed out that over $80 billion in funding for the state is in jeopardy because applicants must comply with the president’s order to adhere to this “reality.” The executive order mandates that federal agencies refer to “sex” rather than “gender” in policies and requires that federal grants do not promote gender ideology.
The guidance released under this executive order emphasizes communication with external partners about gender as an unchangeable biological classification, reinforcing that only two sexes exist: male and female.
Additionally, HHS has stated that recipients of health, education, and research grants linked to Title IX must adhere to the stipulations outlined in the executive order aimed at protecting women from what the administration calls gender ideological extremism.
The states involved in the lawsuit—California, Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont, and Washington—argue that HHS’s enforcement of the executive order breaches the Administrative Procedure Act, the separation of powers, and the Appropriations Clause of the U.S. Constitution.
According to the suit, the conditions imposed by HHS effectively alter the agreements established by Congress regarding funding, resulting in new requirements for existing federal allocations to states, which they claim are retroactive and therefore impermissible.
These states also assert that the new policy is discriminatory, as it officially denies the existence of transgender, intersex, nonbinary, and gender-diverse individuals.
For instance, California Attorney General Rob Bonta stated that the HHS is overreaching its constitutional authority and disregarding due process with its policies. Meanwhile, James expressed concern that the directive jeopardizes tens of billions in state subsidies allocated to institutions influenced by ideological biases.
Democratic leaders are seeking a federal court in Rhode Island to nullify the HHS policy and prevent its enforcement. A request for comment has been directed to HHS.
