By Liz Nass
Gongwer News Service
Attorney General Dana Nessel joined a coalition of 11 attorneys general to sue the U.S. Department of Health and Human Services and President Donald Trump’s administration in its attempt to add conditions on disbursing federal funding to states based on what they say is a discriminatory policy against transgender people.
A new policy in the U.S. department is directing recipients of federal health, education and research funding to comply with an executive order from Trump seeking to deny the existence of transgender people.
The grant recipients, under the new policy, would have to certify compliance with Title IX protections the administration said would include requirements to redefine biological sex in a way that excludes transgender people.
The certification is required for the recipients, and the department warned the grants could be terminated if they are found out of compliance. Recipients may also face repayment of funds or even civil or criminal liability.
“The Trump administration continues their playbook to illegally condition congressionally appropriated funding, the states’ own taxpayer funds, to advance their political agenda,” Nessel said in a statement. “My office has fought back against these attempts repeatedly last year, and we’re continuing to protect Michigan’s federal funding.”
The policy applies to both new and existing funds, putting ongoing programs at risk to defunding as well.
However, the attorneys general argue, the department has failed to explain what compliance entails.
The attorneys say the department lacks the authority to impose the conditions and is attempting to rewrite Title IX protections. The lawsuit also argues that the change usurps power from Congress on funding and imposes major policy changes without notice.
The lawsuit also claims the policy is in direct violation of court opinions that hold Title IX protects people from discrimination based on gender identity.
This is the 44th lawsuit Nessel has brought against the Trump administration.
Gongwer News Service
Attorney General Dana Nessel joined a coalition of 11 attorneys general to sue the U.S. Department of Health and Human Services and President Donald Trump’s administration in its attempt to add conditions on disbursing federal funding to states based on what they say is a discriminatory policy against transgender people.
A new policy in the U.S. department is directing recipients of federal health, education and research funding to comply with an executive order from Trump seeking to deny the existence of transgender people.
The grant recipients, under the new policy, would have to certify compliance with Title IX protections the administration said would include requirements to redefine biological sex in a way that excludes transgender people.
The certification is required for the recipients, and the department warned the grants could be terminated if they are found out of compliance. Recipients may also face repayment of funds or even civil or criminal liability.
“The Trump administration continues their playbook to illegally condition congressionally appropriated funding, the states’ own taxpayer funds, to advance their political agenda,” Nessel said in a statement. “My office has fought back against these attempts repeatedly last year, and we’re continuing to protect Michigan’s federal funding.”
The policy applies to both new and existing funds, putting ongoing programs at risk to defunding as well.
However, the attorneys general argue, the department has failed to explain what compliance entails.
The attorneys say the department lacks the authority to impose the conditions and is attempting to rewrite Title IX protections. The lawsuit also argues that the change usurps power from Congress on funding and imposes major policy changes without notice.
The lawsuit also claims the policy is in direct violation of court opinions that hold Title IX protects people from discrimination based on gender identity.
This is the 44th lawsuit Nessel has brought against the Trump administration.
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