WA leads states suing over illegal conditions to programs that support comprehensive sexual health education

The Trump administration is threatening to pull funding for longstanding teen reproductive and sexual health education programs from states unless they remove language affirming young people’s gender identity.
 
In response, Washington Attorney General Nick Brown is co-leading a coalition of 16 states and the District of Columbia suing U.S. Department of Health and Human Services (HHS) over this cruel, arbitrary, and illegal effort to deny support to young people for purely political reasons. The states of Oregon and Minnesota are co-leading.
 
Washington state receives more than $2.6 million annually through the Personal Responsibility Education Program (PREP) grant and uses the funding to educate teenagers on pregnancy and prevent the spread of sexually transmitted infections. Other states joining Washington also receive vital PREP funding, as well as funding through the Title V Sexual Risk Avoidance Education program, which is similarly focused on sexual health education.
 
State law requires program materials have language inclusive of all young people regardless of their sex or gender identity. This practice, based on medical evidence and a commitment to the well-being of all students, is what the Trump administration calls “radical gender ideology.”
 
For example, HHS threatened Washington state with cancellation of PREP grants if the Department of Health didn’t remove language from a high school curriculum 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.”
 
“The federal government’s far-reaching efforts to erase people who don’t fit one of two gender labels is illegal and wrong—and would deny services to millions more in the process,” Brown said. “These young people are treated equally under Washington state and federal laws, and we intend to make sure of it.”
 
The complaint, which seeks to halt HHS before they carry out terminations in Washington, was filed in the federal District Court of Oregon.
 
HHS’s actions violate the federal Administrative Procedure Act as well as the United States Constitution. Congress created the grant programs with clear statutory requirements that are at direct odds with the Trump Administration’s baseless insistence that gender is absolute, fixed, and binary, and that any reference to transgender status or gender identity must be erased altogether.
 
Forcing states to use medically unsupported, incomplete PREP program content violates laws adopted by Congress. The action is arbitrary and capricious under the Administrative Procedure Act. By unilaterally imposing these vague and nonsensical conditions, it also usurps Congress’ spending power and violates the separation of powers.
 
Joining the lead states are Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island, and Wisconsin.
 
A copy of the complaint is available here.

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