California Attorney General Rob Bonta, together with a coalition of states, has filed a lawsuit against the U.S. Department of Health and Human Services (HHS) over new grant conditions that require recipients to comply with President Trump’s executive order targeting transgender, nonbinary, intersex, and gender nonconforming individuals. The lawsuit was submitted in the U.S. District Court for the District of Rhode Island.
“These changes to HHS’s grant policy are yet another effort by President Trump to unlawfully and maliciously target transgender, nonbinary, intersex, and gender nonconforming individuals,” said Attorney General Bonta. “HHS has overstepped its Constitutional authority and ignored proper procedures in an attempt to codify its hateful agenda. We are committed to defending transgender, nonbinary, intersex, and gender nonconforming Americans from discrimination. We will continue to fight to protect all Americans’ abilities to thrive without facing unfair roadblocks.”
President Trump signed Executive Order 14168 on his first day in office. The order directs federal agencies to review grant conditions and ensure that funds do not promote what it calls “gender ideology.” In August 2025, HHS issued a new Grants Policy Statement mandating that recipients of discretionary grants (except those from NIH) certify compliance with Title IX as well as directives from the Gender Ideology Executive Order.
The lawsuit argues that these Gender Conditions violate both the U.S. Constitution and the Administrative Procedure Act by exceeding HHS’s statutory authority and bypassing Congress’s role in setting funding conditions. The coalition contends that HHS failed to provide adequate explanation or follow procedural requirements for these changes.
In their filing, Attorney General Bonta and other state attorneys general ask the court to declare the new conditions unlawful and prevent HHS from enforcing them permanently.
They argue:
– The Gender Conditions infringe on Congress’s authority over federal funding terms.
– Imposing these requirements violates rulemaking procedures under the Administrative Procedure Act.
– Attempting unilateral amendments of Title IX undermines constitutional separation of powers.
– States risk losing essential federal funds for health facilities, education programs, and research.
– These rules would block states from enforcing their own anti-discrimination laws related to gender identity.
Attorney General Bonta emphasized his ongoing commitment: “We are committed to defending transgender, nonbinary, intersex, and gender nonconforming Americans from discrimination.”
Previously on December 23, 2025, Attorney General Bonta joined a multistate challenge against an HHS declaration by Secretary Robert F. Kennedy Jr., which claimed gender-affirming care does not meet professional standards—a move allowing possible disqualification of providers offering such care from Medicare or Medicaid coverage.
Bonta co-led this latest legal action alongside attorneys general from New York and Oregon; additional support came from Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, Rhode Island, Vermont and Washington.
The California Attorney General serves as chief law enforcement officer for the state—overseeing legal representation services as well as civil rights initiatives across California (official website). The office is part of California’s executive branch (official website) with statewide jurisdiction (official website), advancing policies in areas including civil rights protection (official website). Rob Bonta currently leads this office (official website).