Sixteen states and the District of Columbia sued the U.S. Department of Health and Human Services on Friday, alleging that its threats to pull sexual education funding over curricula mentioning diverse gender identities were a violation of federal law.
The complaint filed in federal court in Oregon says the department is attempting to force the states to “rewrite sexual health curricula to erase entire categories of students” and describes the action as “the latest attempt from the current administration to target and harm transgender and gender-diverse youth.”
HHS did not immediately respond to an emailed request for comment.
Since President Donald Trump returned to the White House in January, his administration has sought to recognize people as only male or female.
HHS wants to prohibit the inclusion of what it describes as “gender ideology” in lessons funded by the Personal Responsibility Education Program (PREP) and the Title V Sexual Risk Avoidance Education (SRAE) program. The federal grants are used to teach about abstinence and contraception for the prevention of pregnancy and sexually transmitted infections.
The plaintiffs say the grant conditions HHS is seeking to impose violate federal law, the separation of powers and Congress’ spending power. The termination of funding under the two federal grant programs could result in a loss of at least $35 million to the plaintiff states, according to the complaint.
HHS warned states in August that they had 60 days to change lessons or lose their PREP grants. California was warned previously, and its $12 million grant was stripped Aug. 21.
The states of Oregon, Washington and Minnesota are co-leading the lawsuit.
Washington Attorney General Nick Brown said in a statement that HHS threatened to cancel PREP grants if his state didn’t remove language from a high school curriculum that says: “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.”
Minnesota Attorney General Keith Ellison said the “choice between losing funding and cutting sexual health education programs or excluding the transgender community from those programs is unacceptable.”
The other plaintiffs include Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island and Wisconsin.
