A Coordinated Stand Against Discrimination
In a significant move to protect transgender and intersex people, a coalition of twelve American states has filed a lawsuit against the Trump administration's Department of Health and Human Services (HHS). The legal challenge, spearheaded by New York Attorney General Letitia James, aims to block a federal policy that seeks to erase trans and intersex identities from civil rights protections.
The lawsuit directly confronts an executive order by President Trump that mandates a narrow and biologically essentialist definition of sex. The order defines sex solely as an “immutable biological classification as either male or female,” effectively denying the legal existence of transgender and intersex individuals under federal law.
What's at Stake?
The administration is leveraging this executive order to threaten states with the loss of billions in federal funding for essential programs, including:
- Healthcare for low-income families
- Life-saving medical research
- Public health initiatives
- Inclusive sex education programs
Forcing an Impossible Choice
The lawsuit argues that the Trump administration is illegally attempting to attach its anti-transgender ideology to Title IX, a landmark civil rights law passed by Congress. Executive orders do not have the power to amend existing laws, and the states contend that the administration is overstepping its authority.
The states involved—New York, California, Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington—all have their own state-level laws protecting residents from discrimination based on gender identity. Complying with the federal directive would force them to violate their own laws and abandon their transgender and intersex citizens.
In a press release, Attorney General Letitia James called the policy cruel and unjust. “The federal government is trying to force states to choose between their values and the vital funding their residents depend on,” she stated. “This policy threatens health care for families, life-saving research, and education programs that help young people thrive in favor of denying the dignity and existence of transgender people. New York will not abandon our values.”
New York Attorney General Letitia James has been a frequent legal challenger of the Trump administration. (Photo: Michael M. Santiago/Getty Images)
Why This Matters in the Netherlands
While this legal battle is unfolding in the U.S., its implications are felt globally. The rise of anti-trans rhetoric and policy-making from a major world power can embolden similar movements in Europe and elsewhere. This lawsuit is a critical pushback against the state-sanctioned erasure of transgender people and a vital defense of the principle that civil rights must be inclusive of everyone. For the Dutch LGBTQ+ community, it serves as a reminder of the ongoing, international struggle for transgender rights and recognition.
A Pattern of Resistance and Hope
This is not the first time the administration's anti-trans policies have been defeated in court. Recently, a judge ordered HHS to restore $12 million in funding to the American Academy of Pediatrics after finding the agency had retaliated against the organization for its support of gender-affirming care for trans youth. These legal victories demonstrate that coordinated resistance can successfully challenge discriminatory policies.
The twelve states are asking the court to declare Trump's order unlawful and permanently block HHS from using it to punish states and grantees who support the LGBTQ+ community.
