A US federal judge has blocked the Trump administration from withdrawing federal funding for sex education programmes that include gender identity topics. The ruling protects grants under the Personal Responsibility Education Program (PREP) and Title V Sexual Risk Avoidance Education, which provide sex education on abstinence and contraception to prevent pregnancy and sexually transmitted infections (STIs).The preliminary injunction comes as part of a lawsuit filed by 16 states and the District of Columbia, arguing that the Health and Human Services Department’s actions violate federal law and the separation of powers. Minnesota Attorney General Keith Ellison said he was “pleased to have protected funding for important health education programmes,” as quoted by the Associated Press.Judge cites lack of evidence and procedural issuesUS District Judge Ann Aiken issued the ruling, noting that the department “provides no evidence that it made factual findings or considered the statutory objectives and express requirements, the relevant data, the applicable anti-sex-discrimination statutes and its own regulations,” as quoted by the Associated Press. She added that the department “fails to show that the new grant conditions are reasonable,” according to court filings.The administration had sought to remove federal funds from programmes it described as promoting “gender ideology,” a term used in correspondence with states. It claimed that the inclusion of diverse gender identities in sex education curricula was inconsistent with biological and medical science.Funding under threat for PREP and Title V programmesThe department had asked states to share curricula for a “medical accuracy review,” warning that failure to remove references to gender diversity could result in loss of funding. California previously had $12 million stripped from its PREP grant after refusing to comply, as quoted by the Associated Press.Plaintiff states argued that removing the funding would harm programmes that serve youth at high risk of pregnancy or STIs. The complaint estimated that termination of federal grants could result in a loss of at least $35 million. States also highlighted that their curricula are medically accurate, citing written declarations from health experts including Kate Millington, a paediatric endocrinologist at Brown University, who said that stating gender is strictly binary “is not consistent with the medical and scientific understanding of gender identity,” as quoted by the Associated Press.States and experts defend inclusive sex educationThe lawsuit was led by Minnesota, Oregon, and Washington, with additional plaintiffs including Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island, and Wisconsin. All plaintiff states have Democratic governors.Washington Attorney General Nick Brown noted that the department had threatened to cancel PREP grants if high school curricula were not revised to remove statements such as: “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,” as quoted by the Associated Press.The preliminary injunction maintains federal funding while the legal challenge proceeds, ensuring that sex education programmes can continue teaching medically accurate information about diverse gender identities.
