Authored by Kimberley Hayek via The Epoch Times,
A federal judge in Oregon said during a hearing on Monday that she plans to issue an injunction stopping the Trump administration from requiring several Democratic-led states to remove references to gender ideology from their sexual health education curricula as a condition of receiving federal grant funding.
U.S. District Judge Ann Aiken, based in Eugene, made the comments in reference to a lawsuit filed by 16 states, including Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and Wisconsin, as well as the District of Columbia. The states of Oregon, Washington, and Minnesota are leading the group.
The lawsuit centers on an executive order issued by President Donald Trump on Jan. 20—the first day of his second term.
The order called for federal agencies to recognize two sexes, male and female, and to ensure that grant funds do not support “gender ideology.”
The Department of Health and Human Services published notices in August that recipients of grants from the Personal Responsibility Education Program (PREP) and the Title V Sexual Risk Avoidance Education programs must not include content teaching that gender identity is separate from biological sex.
The department also sent 46 states and territories letters in which it mandated the removal of any such references from federally funded materials within 60 days. Non-compliance led to actions including the termination of California’s PREP grant after the state did not change its educational content.
PREP teaches young people about abstinence and contraception to decrease pregnancy risk and sexually transmitted infections, with a focus on supporting children in foster care, homeless situations, or regions with elevated teen birth rates. The Title V program similarly advocates for sexual risk avoidance.
Collectively, the plaintiff states faced losing at least $35 million in funding if they did not comply with the directives.
Attorneys for the states argued that the administration’s requirements contradict the statutory frameworks set up by Congress for these programs and infringe lawmakers’ authority over federal spending, thus violating the U.S. Constitution.
They further asserted that the policy is an “arbitrary and capricious” exercise of power under the Administrative Procedure Act, since it allegedly excludes certain categories of students from educational materials.
Representatives for the Trump administration argued that the policy is in line with congressional objectives of promoting abstinence and reducing sexual risks.
They underscored that the measures do not prevent any individuals from taking part in the programs but instead prohibit the inclusion of specific content revolving around the topic of gender transitions.
“We’re not excluding anybody from these programs,” Assistant U.S. Attorney Susanne Luse said. “We’re just simply saying you cannot teach that boys can be girls and girls can be boys.”
During the hearing conducted over the phone, the judge said that the administration’s stance was inconsistent with applicable statutes and akin to a “separate-but-equal” doctrine as it relates to sex education. She said she will release a written injunction soon.
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