NY AG Sues HHS Over Discriminatory Funding Conditions

New York – In a bold move against the U.S. Department of Health and Human Services (HHS), Attorney General Letitia James has filed a lawsuit, joined by 11 other state attorneys general, accusing HHS of using federal funding as a tool for discrimination against transgender individuals.

The lawsuit targets an HHS policy that threatens to withhold billions in health, education, and research funds from states unwilling to comply with discriminatory gender mandates. This policy, which the coalition argues is unlawful, demands states certify compliance with an executive order denying the existence of transgender people and imposing unscientific definitions of sex.

Attorney General James condemned the policy as a threat to healthcare, life-saving research, and educational programs. ‘New York will not abandon our values or residents,’ she stated, vowing to block this ‘cruel and unjust directive’ through legal action.

The HHS policy, according to the lawsuit, requires recipients of federal funds to certify compliance with Title IX protections as they relate to the executive order. The ambiguity of these conditions leaves institutions uncertain about which actions could put their funding at risk.

With over $80 billion in grant funding at stake in New York alone, the coalition argues that HHS’s policy not only violates federal law but also infringes on states’ rights and the constitutional protections of transgender individuals. The lawsuit asserts that the policy exceeds HHS’s authority, violates the Administrative Procedure Act, and circumvents Congress’s power over spending.

Attorney General James and her coalition are seeking a court order to strike down the unlawful funding conditions, ensuring that federal funds are not used as a weapon against transgender individuals and their rights.

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