Portland, Ore., Friday: 16 States and D.C. sue HHS over threats to pull sex-education funds tied to gender-identity content

Sixteen states and the District of Columbia filed a federal lawsuit in Oregon on Friday against the U.S. Department of Health and Human Services (HHS), alleging that threats to withhold sex-education funding from programs that mention diverse gender identities violate federal law.

The complaint contends HHS is attempting to force states to “rewrite sexual health curricula to erase entire categories of students,” calling the move “the latest attempt from the current administration to target and harm transgender and gender-diverse youth,” according to the filing.

HHS did not immediately respond to an emailed request for comment.

The lawsuit notes that since President Donald Trump returned to the White House in January, his administration has sought to recognize people as only male or female.

The complaint alleges that HHS wants to exclude material it describes as “gender ideology” from lessons funded by the Personal Responsibility Education Program (PREP) and the Title V Sexual Risk Avoidance Education (SRAE) program. These federal grants support instruction on abstinence and contraception to help prevent pregnancy and sexually transmitted infections.

The plaintiffs argue that the grant conditions HHS is attempting to impose contravene federal law, the separation of powers, and Congress’ spending authority. They say terminating funding under PREP and SRAE could cost the plaintiff states at least $35 million.

Oregon, Washington, and Minnesota are co-leading the case.

Washington Attorney General Nick Brown says HHS warned the state it would revoke PREP funding unless a high school curriculum dropped a line affirming that students of all sexual orientations and gender identities should learn how to prevent pregnancy and STIs—for themselves or to support friends.

Minnesota Attorney General Keith Ellison called the ultimatum unacceptable: either lose funding and scale back sexual health education, or keep the money by sidelining transgender students from those programs.

The other plaintiffs are Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island, Wisconsin, and the District of Columbia.

Source: AP