Portland – Sixteen US states, along with the District of Columbia, filed a federal lawsuit against the US Department of Health and Human Services (HHS) on Friday, alleging that the agency violated federal law by threatening to withhold funding for sexual education programs that include multiple gender identities.
The complaint, filed in Oregon, claims the administration is attempting to force states to “rewrite sexual health curricula to erase entire categories of students,” calling it “the latest attempt from the current administration to target and harm transgender and gender-diverse youth.” HHS did not respond immediately to requests for comment.
Since taking office in January, President Donald Trump’s administration has promoted policies defining individuals strictly as male or female. The lawsuit notes that HHS seeks to make it illegal for classes funded by the Title V Sexual Risk Avoidance Education (SRAE) and the Personal Responsibility Education Program (PREP) to include what it labels “gender ideology.” These programs provide education on contraception and abstinence to prevent sexually transmitted infections (STIs) and unintended pregnancies.
Plaintiff states argue that the proposed grant conditions violate federal law, Congress’s spending authority, and the separation of powers. Termination of funding under these programs could cost the states at least $35 million. In August, HHS warned states to revise curricula within 60 days or risk losing PREP funding; California’s $12 million grant was revoked on August 21.
The lawsuit is led by Minnesota, Washington, and Oregon. Washington Attorney General Nick Brown highlighted a high school curriculum section stating: “People of all sexual orientations and gender identities need to know how to prevent pregnancy and STIs, either for themselves or to help a friend.” HHS threatened to cancel PREP grants if this language remained. Minnesota Attorney General Keith Ellison called the choice “between losing funding and cutting sexual health programs or excluding the transgender community…unacceptable.”
Other states joining the suit include Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island, and Wisconsin. The case marks a major legal challenge to federal attempts to restrict gender-inclusive education in the United States.
