AG Brown sues HHS in 50th lawsuit against federal overreach harming Washingtonians

In his 50^th lawsuit against federal overreach since taking office almost one year ago, Attorney General Nick Brown today joined 11 other attorneys general in suing the U.S. Department of Health and Human Services (HHS) for unlawfully conditioning hundreds of billions of dollars in federal funding on states’ agreement to discriminate against transgender people.

Under a new HHS policy, recipients of federal health, education, and research funding must certify compliance with a presidential executive order that seeks to deny the existence of transgender people and impose rigid, unscientific definitions of sex. Brown and the coalition argue that HHS has no authority to impose these conditions and is illegally using federal funding to coerce states into discriminating against their residents, in violation of state laws protecting transgender people from discrimination. They are asking the court to step in and strike down the unlawful funding conditions.

“The administration does not care who gets hurt or what laws are violated in their obsessive targeting of trans people,” Brown said. “We refuse to back down to these illegal demands and will fight for every dollar Congress has authorized.”

Since taking office on Jan. 15, 2025, Brown has challenged the Trump administration’s unlawful actions that subvert the will of Congress, threaten the civil rights of Washingtonians, and jeopardize billions of dollars in federal funding appropriated by Congress for Washington projects and services. These lawsuits have protected more than $15 billion in federal funding for our state and have helped keep the lights on in our schools, food on the table for kids, a roof over the heads of people transitioning out of homelessness, and funding in place to prevent terrorism and environmental disasters.

HHS’ sweeping policy requires states, public universities, health agencies, hospitals, and other recipients of federal funds to certify compliance with Title IX protections, which it characterizes as “including the requirements” of the president’s executive order redefining sex in a way that excludes transgender people. HHS has made this certification a condition of funding across the agency and has warned that recipients could face termination of grants, repayment of funds, and even civil or criminal liability if they are found to be out of compliance. The policy applies not only to new grants, but also to existing funding, placing ongoing programs at immediate risk. At the same time, HHS has failed to clearly explain what compliance requires.

The attorneys general argue that HHS lacks the authority to impose these conditions and is unlawfully attempting to rewrite Title IX through executive action and agency policy. The lawsuit alleges that the policy violates the U.S. Constitution by overriding Congress’ power of the purse, breaks federal law by attaching vague and retroactive conditions to funding, and violates the Administrative Procedure Act by imposing a major policy change without notice or explanation.

The coalition also emphasizes that the president’s discriminatory executive order conflicts with laws in many states, including Washington, that protect the rights of transgender individuals. The Washington Law Against Discrimination bars discrimination on the basis of sexual orientation, which includes gender expression or identity, in places of employment, public accommodation, and real estate, credit, and insurance transactions. It also prohibits discrimination on the basis of gender identity or expression in health-related services. In addition, state law prohibits discrimination in Washington state public schools on the basis of sex or gender identity.

The coalition is asking the court to declare the policy unlawful and block HHS from enforcing it, allowing states to continue providing health care, education, and other essential services without being forced to discriminate.

Joining Brown in filing the lawsuit are the attorneys general of New York, Rhode Island, California, Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, Oregon, and Vermont.

A copy of the complaint is available here. 

-30-

Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

Media Contact:

Email: press@atg.wa.gov

Phone: (360) 753-2727

General contacts: Click here

Media Resource Guide & Attorney General’s Office FAQ

A copy of the complaint is available here.