States sue Trump admin over 'gender ideology' sex ed funding rules

The states say they have until Oct. 27 to remove all references to "gender ideology" from their sex ed programs or risk losing federal funding.

by Monique Merrill, Court House News, September 26, 2025

EUGENE, Ore. (CN) — A coalition of 16 states accuses the Department of Health and Human Services of forcing the states to lose critical funding for sexual health education programs or remove any references to inclusive gender identity in those programs.

In a lawsuit filed Friday in Oregon federal court, the states argue that the funding condition is the “latest attempt from the current administration to target and harm transgender and gender-diverse youth as well as youth with differences in sex development.”

Congress created the Personal Responsibility Education Program in 2010 and the Title V Sexual Risk Avoidance Education program in 1996. Both provide funding for sexual health education programs — programs the states argue are now at risk due to a directive from President Donald Trump calling for agencies to restrict funding that promotes “gender ideology.”

“Pulling funding from proven, effective programs doesn’t protect kids — it puts them at greater risk,” Oregon Attorney General Dan Rayfield said in a statement.

Oregon uses grant funds from the Sexual Risk Avoidance Education program to support a program for middle schoolers intended to reduce teen pregnancy and STIs through promoting healthy relationships and decision-making. It uses grant money through the Personal Responsibility Education Program to fund sexuality education for teens with intellectual and developmental disabilities.

When it sent out a series of award notices in August, the Department of Health and Human Services informed states that they were “prohibited from including gender ideology in any program of service that is funded with this award.”

Specifically, the department forbade grant-funded programs from “teaching students that gender identity is distinct from biological sex or boys can identify as girls and vice versa, or that there is a vast spectrum of genders that are disconnected from one’s sex,” according to the states.

“Compliance with the gender conditions appears to require that plaintiff states censor sexual health education programs to deny the existence of transgender, gender-diverse, or [differences in sex development] individuals,” the states write in the complaint.

At the end of August, the department sent letters to the states warning them their Personal Responsibility Education Program curricula and materials weren’t in compliance with the new regulations and must be modified within 60 days or the funding may be withheld, suspended or terminated. The deadline for the states to comply with the conditions is Oct. 27.

The states argue that terminating the funding through these programs will result in a loss of at least $35 million and potentially more in long-term costs through possible increases in unplanned pregnancy, higher birth rates and higher rates of HIV/AIDS or other STIs among vulnerable communities. Plus, the coalition says forcing them to remove appropriate content is contrary to the laws that Congress adopted and is arbitrary and capricious under the Administrative Procedure Act.

The coalition is requesting the court to block the department from enforcing the gender conditions and declare them unconstitutional.

Many states require the materials for their sexual health education programs to use inclusive language, which the plaintiff states argue is based on medical evidence and in the best interest of all students.

“Sexual health education should be age-appropriate, medically accurate, and it should not alienate its audience,” Minnesota Attorney General Keith Ellison, who joined in the suit, said in a statement.

Ellison said the choice between losing funding and cutting sexual health education programs or excluding the transgender community from those programs is unacceptable.

“Politics should not interfere with teenagers getting information they need to avoid taking risks that could impact the rest of their lives,” Ellison said.

Under state law in Washington, as with many of the plaintiff states, program materials must use language inclusive of all people regardless of their sex or gender identity — a practice expressly prohibited under Trump’s orders.

Washington Attorney General Nick Brown condemned the government’s actions.

“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 in a statement. “These young people are treated equally under Washington state and federal laws, and we intend to make sure of it.”

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

The states also named Robert F. Kennedy Jr., in his official capacity as HHS Secretary; the Administration for Children and Families; and Andrew Gradison, in his official capacity as Acting Assistant Secretary of the Administration for Children and Families, as defendants.

The Department of Health and Human Services did not respond to a request for comment by press time.