Attorney General Kwame Raoul has joined 11 other state attorneys general in filing a lawsuit against the U.S. Department of Health and Human Services (HHS). The suit challenges a new federal policy that requires recipients of health, education, and research funding to certify compliance with a presidential executive order that critics say discriminates against transgender individuals.
The coalition contends that HHS lacks authority to impose such conditions on funding and is unlawfully pressuring states to act against their own anti-discrimination laws. They are seeking judicial intervention to overturn the policy.
“The Trump administration is attempting to hold billions of dollars hostage in an attempt to force states to exclude and discriminate against people who are transgender,” Raoul said. “Everyone deserves to live authentically, and I will continue to push back against the administration’s repeated and cruel attempts to erase transgender Americans.”
Federal law already mandates that entities receiving federal funds comply with Title IX protections. However, the attorneys general argue that HHS’ recent policy misinterprets Title IX by including requirements from the president’s executive order targeting transgender people. HHS has warned that non-compliance could result in grant termination, repayment of funds, or civil or criminal liability.
This policy applies both retroactively and prospectively, affecting ongoing programs without clear guidance on what constitutes compliance.
According to Raoul and his counterparts, this change threatens essential services funded by federal dollars in Illinois, such as suicide prevention efforts, HIV support and prevention programs, and surveys assessing LGBTQ+ community needs.
The lawsuit claims HHS is overstepping its authority by rewriting Title IX through executive action without proper notice or explanation—a violation of the Administrative Procedure Act—and by attaching vague conditions retroactively. The attorneys general also assert that this approach violates constitutional principles by bypassing Congress’ control over federal spending. The policy allegedly contradicts established court rulings affirming Title IX protections for gender identity.
Raoul emphasized that the executive order at issue conflicts with Illinois laws safeguarding transgender rights under the Illinois Human Rights Act. This state law offers civil rights protections for transgender, nonbinary, and gender nonconforming individuals across employment, housing, healthcare, and educational settings.
The coalition seeks a court declaration invalidating the HHS policy so states can continue delivering health care and education services without discriminatory requirements attached to federal funding.
Other states joining Illinois in this legal action include California, Colorado, Delaware, Michigan, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont and Washington.
The Office of the Illinois Attorney General serves as the state’s chief legal agency. It upholds laws related to consumer protection and supports residents on issues like fraud prevention and civil rights enforcement across multiple statewide locations. The office advocates for vulnerable groups including workers and immigrants and promotes community safety, transparency, environmental initiatives, complaint handling, crime victim support, open government, legal representation for public protection, consumer fraud reporting, civil rights advocacy,and operates main offices in Chicago, Springfield,and Carbondale.