Maryland Joins Lawsuit Against HHS Over Withholding of Sexual Health Education Funds

Maryland Attorney General Anthony G. Brown is part of a coalition of 16 states and the District of Columbia filing a lawsuit against the U.S. Department of Health and Human Services (HHS). The legal challenge argues that HHS is illegally imposing conditions on funding for comprehensive sexual health education programs, specifically targeting language that affirms young people’s gender identity. The Trump administration has threatened to revoke federal support for these programs unless states remove such inclusive language from their materials.

Maryland receives over $2.6 million in funding over five years through the Personal Responsibility Education Program (PREP). This funding is utilized to educate teenagers about healthy sexual behaviors, with the goals of reducing unintended pregnancies and preventing the spread of sexually transmitted infections. States participating in the lawsuit also receive funding from the Title V Sexual Risk Avoidance Education program, which shares similar objectives in promoting sexual health education. Attorney General Brown expressed concern that the federal government’s actions could jeopardize crucial programming in Maryland, potentially impacting approximately 1,400 young people annually and jeopardizing years of successful public health initiatives. He highlighted the importance of these programs in communities with higher rates of HIV diagnoses.

The lawsuit contends that HHS’s actions are an arbitrary and illegal attempt to deny support for political reasons. Many states have incorporated inclusive language into their sexual health education materials, reflecting medical evidence and a commitment to the well-being of all students, regardless of their sex or gender identity. HHS has characterized this approach as “radical gender ideology.” The complaint, filed in the federal District Court of Oregon, seeks to prevent HHS from terminating funding.

The coalition asserts that HHS’s demands contravene the federal Administrative Procedure Act and the U.S. Constitution. According to the lawsuit, Congress established these grant programs with specific requirements that are in direct opposition to the Trump administration’s insistence on erasing any reference to transgender status or gender identity. The coalition argues that forcing states to adopt medically unsupported and incomplete program content not only violates statutory requirements but is also arbitrary and capricious under the Administrative Procedure Act. Furthermore, the lawsuit alleges that HHS’s unilateral actions overstep Congress’s spending authority and violate the principle of separation of powers.

Attorneys general from Colorado, Connecticut, the District of Columbia, Delaware, Hawai’i, Illinois, Massachusetts, Maine, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and Wisconsin have joined Maryland in this legal challenge.

Article by Mel Anara, based upon information from the Maryland Attorney General.

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