In another clash with President Donald Trump and his administration, New York Attorney General Letitia James is challenging an executive order halting federal funding of gender ideology promotion.
New York state is the lead plaintiff, joined by 11 other states, in a lawsuit against the Department of Health and Human Services filed in the U.S. District Court for the District of Rhode Island.
At issue is Trump’s executive order establishing his administration’s policy that there are two sexes, male and female.
Trump’s health agency is withholding grants to states that won’t comply with this policy regarding a federal anti-discrimination statute, Title IX of the Civil Rights Act.
The agency’s policy applies the definitions that women are biologically female and men are biologically male. The HHS application of the executive order could affect public universities, health agencies, and publicly funded hospitals.
“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 public statement.
State attorneys general of California, Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington have joined the lawsuit.
“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,” James continued.
“New York will not abandon our values, our laws, and our residents. My office is suing to block this cruel and unjust directive.”
The complaint says that the Trump administration threatens to terminate grants or demand repayment of federal funds against states not complying with the rules.
New York and the other states argue the agency has no authority to impose these conditions and is using federal funding to coerce states. They also allege the administration did not fully explain what “compliance” requires.
The lawsuit further claims the funding conditions unlawfully override Congress’ spending power and violate the Administrative Procedure Act by imposing a major policy change without notice or explanation.
An HHS spokesperson did not respond to an inquiry from The Daily Signal.
Last year, HHS Secretary Robert F. Kennedy explained the department would enforce the president’s executive order.
“This administration is bringing back common sense and restoring biological truth to the federal government,” Kennedy said in a public statement.
“The prior administration’s policy of trying to engineer gender ideology into every aspect of public life is over,” Kennedy continued.
The Rhode Island federal district court has been a tough venue for the Trump administration. District court judges ruled against the administration regarding reforms to federal agencies, spending reforms, and immigration enforcement.
