Delaware Joins States Suing Over New Title X Funding Rules

State of DE - Delaware has joined 20 other states in a federal lawsuit against the U.S. Department of Health and Human Services. The states argue that new conditions placed on Title X family planning funding break federal law.

The lawsuit was filed in the U.S. District Court for the District of Maryland. It names HHS, Secretary Robert F. Kennedy Jr., and other federal health officials as defendants.

Title X is the only federal grant program dedicated to family planning services. It has provided funding for over 50 years to help low income and uninsured people access birth control, cancer screenings, and testing for sexually transmitted infections.

In July, the Office of Population Affairs released new funding rules for the 2027 grant cycle. The states say these rules attach new political conditions that grantees must follow to keep their funding.

Those conditions include ending diversity, equity, and inclusion programs and ending what the rules call "gender ideology." The rules also call for reducing what they describe as "overmedicalization," a term the states say could limit access to hormonal birth control.

The lawsuit also challenges a rule pushing clinics toward "directive counseling" that steers patients toward marriage and parenthood. The states say this conflicts with a longstanding federal requirement that all Title X pregnancy counseling remain neutral and nondirective.

Delaware received $1,070,842 in Title X funding in the 2026 fiscal year. Delaware Health and Social Services is the state's only direct grantee.

The states argue the new rules were issued without the public notice and comment period normally required for changes like this. They also argue the conditions are vague, inconsistent with existing Title X regulations, and unrelated to the program's purpose in some cases.

The lawsuit points to several priorities listed as unrelated to family planning, including autism research and long COVID care. The states say these have no clear connection to Title X.

The states are asking the court to strike down the new conditions and stop HHS from enforcing them. States involved include New York, Maryland, Massachusetts, California, Delaware, and more than a dozen others.

Delaware Attorney General Kathleen Jennings is one of the officials representing the state in the case. The lawsuit was filed August 27, 2026.