Maryland Joins Lawsuit Challenging Federal Sex Education Funding Restrictions
PORTLAND, Ore. – Maryland is among sixteen states and the District of Columbia filing a lawsuit against the U.S. Department of health and Human Services (HHS) over its attempts to restrict federal funding for sexual health education programs. The lawsuit, filed Friday in federal court in Oregon, alleges that HHS is violating federal law by threatening to withhold funds from states whose curricula include details about diverse gender identities.
The complaint argues that HHS is attempting to force states to “rewrite sexual health curricula to erase entire categories of students,” characterizing the action as a targeted effort to harm transgender and gender-diverse youth. The states contend that the proposed conditions on funding violate federal law,the separation of powers,and Congress’s authority over spending.
At issue are grants from the Personal Duty Education Program (PREP) and the Title V Sexual Risk Avoidance Education (SRAE) program, which fund programs focused on abstinence and contraception to prevent pregnancy and sexually transmitted infections. HHS seeks to prohibit the inclusion of what it defines as “gender ideology” in lessons funded by these programs.
The lawsuit follows a warning issued by HHS in August, giving states 60 days to alter their curricula or risk losing PREP funding. California previously received a similar warning and had its $12 million grant revoked on August 21st.
According to the complaint, the potential loss of funding for the plaintiff states could total at least $35 million.
Washington Attorney General Nick Brown stated that HHS threatened to cancel his state’s PREP grant over curriculum language 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.” Minnesota Attorney General Keith Ellison echoed this sentiment, stating that the choice between losing funding and excluding the transgender community from sexual health education is “unacceptable.”
Oregon, Washington, and Minnesota are leading the lawsuit. Other plaintiffs include Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maine, Michigan, new Jersey, New York, Rhode island, and Wisconsin.
HHS has not yet responded to a request for comment. The lawsuit comes as the current governance has pursued policies recognizing individuals as strictly male or female since taking office in January.
This article is based on reporting from The Associated Press.
