23 States Sue Over Trump-Era Limits on Family Planning Funding
A coalition of 23 states sued to block Trump-era Title X family planning funding conditions.
Why it matters: This lawsuit challenges federal restrictions that limit contraception counseling and protections for transgender individuals under Title X grants. Legal counsel and health providers must watch for shifts affecting compliance and reproductive rights.
- 23 states filed the lawsuit on August 27, 2026, against HHS's new Title X conditions.
- New conditions ban DEI practices, exclude transgender people, and discourage contraception.
- Title X serves millions, including low-income individuals, providing family planning for 50+ years.
- Colorado and Michigan rely on millions in Title X funds, critical for low-income health services.
On August 27, 2026, a coalition of 23 states filed a lawsuit challenging the Department of Health and Human Services (HHS) over new restrictions on Title X family planning grant conditions. These Trump-administration policies require recipients to cut diversity, equity, and inclusion (DEI) efforts, exclude transgender individuals from services, discourage contraception use in favor of natural family planning, and promote counseling focused on marriage and parenthood. States sue Trump over obstacles to family planning grants.
Title X is the only federal program dedicated solely to family planning and related preventive services. It has provided care to millions of low-income patients for over five decades. For example, the Colorado Department of Public Health and Environment received nearly $4 million in Title X funding in fiscal year 2026, representing 44% of its family planning budget. Meanwhile, Michigan's Family Planning Program served nearly 40,000 individuals in 2025—65% of whom were at or below 150% of the federal poverty level—with more than $7 million in Title X funds. Colorado AG Weiser's press release and Michigan AG Nessel's statement.
The coalition argues that the new HHS conditions conflict with Title X’s governing statute and existing regulations, which require providers to offer a broad range of contraceptive methods, ensure nondirective counseling, and serve all patients nondiscriminatorily, including LGBTQ+ individuals. The states also contend that HHS failed to follow the required notice-and-comment process under the Administrative Procedure Act before imposing these conditions. New York AG James' press release.
Attorney Generals from Michigan, Colorado, and New York emphasized the political nature of these policies. Dana Nessel of Michigan criticized the restrictions as "unlawfully attacking funding for family planning and preventive care to once again push political ideologies and preferences." Phil Weiser of Colorado accused the administration of "holding critical health care funding hostage if we don't comply with their political agenda." Letitia James of New York recalled their prior defense of Title X during the last Trump administration, now returning to court to protect it again.
The outcome of this lawsuit could reshape federal conditions on family planning funding, with consequences for providers, policymakers, and legal teams navigating reproductive rights and federal funding compliance.
By the numbers:
- 23 states — filed lawsuit against HHS on August 27, 2026
- $4 million — Colorado's Title X funding in fiscal year 2026, covering 44% of its program budget
- Nearly 40,000 individuals — served by Michigan's Family Planning Program in 2025, 65% below 150% federal poverty level