A coalition of 12 states filed a lawsuit against the Trump administration on Jan. 13, seeking to block federal grant conditions that they argue would force them to discriminate against people who identify as transgender.
The policy applies to both new and existing grants, placing ongoing state programs at risk, according to the states. Failure to comply with the order could result in termination of federal grants, repayment demands, or civil or criminal penalties by HHS.
The states argued that HHS lacks authority to impose conditions on funds appropriated by Congress and to rewrite federal statute by executive order.
“Congress has funded these programs without any requirement to exclude entities that recognize transgender, nonbinary, intersex, or gender diverse individuals,” the filing reads. “With or without congressional authorization, the states cannot be forced to accept a condition on funding that fails to provide unambiguous notice as to what it means and that is retroactive.”
The lawsuit seeks a court declaration that the HHS policy is unlawful and an injunctive relief barring the agency from enforcing it.
New York Attorney General Letitia James, who is leading the coalition, said Trump’s executive order conflicts with laws in many states.
James was joined in the lawsuit by the attorneys general of California, Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington state.
The Epoch Times reached out to HHS for comment, but did not receive a response by publication time.
The Centers for Medicare and Medicaid Services, a division of HHS, proposed rules to prevent hospitals that participate in Medicare and Medicaid from performing the procedures and block federal funding for them.
