Attorney General Charity Clark has joined a coalition of 12 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 conditions access to hundreds of billions of dollars in health, education, and research funding on compliance with an executive order related to transgender rights.
The attorneys general allege that HHS is unlawfully requiring states and other recipients of federal funds to certify compliance with Title IX protections as defined by the president’s executive order. They argue that this definition excludes transgender people and imposes strict definitions of sex. According to Attorney General Clark and her counterparts, HHS does not have the authority to enforce such requirements and is improperly using its control over federal funding to force states into adopting discriminatory practices, which may conflict with state laws protecting transgender individuals.
“This yet another illegal attack by the President and his administration on transgender people,” said Attorney General Clark. “I will continue to stand with transgender Vermonters and use every tool available to defend their rights in our state. I also will continue to fight back against this Administration’s efforts to coerce public institutions into ideological submission.”
The policy applies broadly across recipients such as state agencies, universities, hospitals, and other organizations receiving federal funds from HHS. These entities must now certify they are following both Title IX and the executive order or risk losing existing grants, facing repayment demands, or incurring civil or criminal penalties. The requirement affects ongoing programs as well as new grants, creating uncertainty about what constitutes compliance due to a lack of clear guidance from HHS.
In Vermont alone, more than 250 federal grants—amounting to nearly $2 million—are impacted by this change. Local grant recipients could be forced to choose between adhering to Vermont’s anti-discrimination laws or complying with the Trump Administration’s directive.
The lawsuit asserts that HHS is exceeding its authority by attempting to rewrite Title IX through agency action rather than legislation. The attorneys general claim this violates constitutional provisions governing Congressional spending powers, attaches vague retroactive requirements contrary to federal law, and breaches administrative procedure rules by making major changes without sufficient notice or explanation. The complaint further argues that the new policy runs counter to longstanding court decisions affirming that Title IX covers discrimination based on gender identity.
The coalition is asking for judicial intervention declaring the policy unlawful and preventing its enforcement so states can continue offering essential services without being compelled toward discriminatory practices.
Other states joining Vermont in the lawsuit include New York, Rhode Island, California, Colorado, Delaware, Illinois, Michigan, Minnesota, Nevada, Oregon, and Washington.
This marks the 41st case Attorney General Clark has brought against actions taken by the Trump Administration since January 2017. More details about these legal actions can be found at https://ago.vermont.gov/ago-actions.
