Sixteen states and the District of Columbia filed suit Friday against the U.S. Department of Health and Human Services (HHS), challenging its threat to strip federal sexual education funding from programs that reference diverse gender identities.
The lawsuit, filed in federal court in Oregon, argues the administration is unlawfully pressuring states to “rewrite sexual health curricula to erase entire categories of students.” Plaintiffs say the conditions violate federal law, the separation of powers, and Congress’ spending authority.
Since Donald Trump returned to the White House, HHS has sought to restrict PREP and Title V sexual education grants by prohibiting content it labels “gender ideology.” At least $35 million in funding for the suing states is at stake.
California already lost its $12 million PREP grant in August after refusing to change its curriculum. Oregon, Washington, and Minnesota are leading the challenge.
Washington Attorney General Nick Brown said HHS demanded his state cut language affirming that “people of all sexual orientations and gender identities need to know how to prevent pregnancy and STIs.” Minnesota AG Keith Ellison called the ultimatum “unacceptable.”
Other states in the lawsuit include Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Rhode Island, and Wisconsin.
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