Oregon co-leads multi-state lawsuit 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, Oregon, alongside 15 other states and the District of Columbia, are 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, Washington, and Minnesota are co-leading this lawsuit.

"Every parent wants their kids to grow up safe, healthy, and prepared to make good choices," said Oregon Attorney General Dan Rayfield. "Programs like My Future My Choice give young people the tools to do just that-helping them avoid risky situations, build strong relationships, and stay on track for their future. Pulling funding from proven, effective programs doesn't protect kids-it puts them at greater risk."

Oregon state law mandates comprehensive human sexuality education for students, using inclusive materials, language, and strategies that recognize different sexual orientations, gender identities and gender expression and that is culturally inclusive. 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."

Oregon uses federal Sexual Risk Avoidance Education (SRAE) grant funds to support My Future My Choice, a program for sixth and eighth graders that promotes healthy relationships, goal setting, and decision-making to reduce teen pregnancy and STIs. Earlier this year, the federal agency overseeing the grant praised the program as "outstanding" and invited Oregon to share its model at a national conference. Now, that same agency is demanding Oregon strip all references to gender identity or risk losing funding.

Oregon also receives grant money through the Personal Responsibility Education Program (PREP) to fund sexuality education designed specifically for Oregon teens with intellectual and developmental disabilities. The federal government has demanded changes to that program to remove any mention of gender or gender identity.

The complaint, which seeks to halt HHS before they make good on their threat to pull funding, was filed in the Federal District Court of Oregon in Eugene.

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 and SRAE 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 Oregon, Minnesota and Washington in this lawsuit are Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island, and Wisconsin.