Through the Static

By Hannah Saunders

The Trump regime is threatening to yank funding from teen reproductive and sexual health education programs in states unless they remove language that affirms the gender identity of young people, but Washington Attorney General Nick Brown, alongside 15 other states, have launched a lawsuit in response. Plaintiff states said they are now in a position where they must choose between losing federal funds for essential public health programs, or comply with illegal conditions that contradict the programs’ purpose that are out of accordance with state and federal laws. 

Washington receives over $2.6 million in funding each year through the Personal Responsibility Education Program (PREP), as well as funding through the Title V Sexual Risk Avoidance Education Program (SRAE) to educate teenagers on pregnancy and sexually transmitted infections (STIs). The US Department of Health and Human Services (HHS) has threatened to cancel Washington’s PREP grants if the state’s Department of Health does not remove language from high school curriculum that says “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.” 

“The federal government’s far-reaching efforts to erase people who don’t fit one of two gender labels is illegal and wrong—and would deny services to millions more in the process,” Brown said. “These young people are treated equally under Washington state and federal laws, and we intend to make sure of it.”

Trump has repeatedly called the use of gender-affirming and inclusive language “radical gender ideology,” and the complaint, which was filed in the federal District Court of Oregon, is seeking to halt HHS’s actions to strip funding. Brown’s office states that HHS is violating the federal Administrative Procedure Act and the United States Constitution.

“Congress passed PREP and SRAE’s enabling statutes in response to rising teen pregnancy rates and the transmission of HIV/AIDS and other sexually transmitted infections,” according to the complaint. “Unilaterally requiring States to remove all references to ‘gender ideology’— a vague, undefined, and nonsensical term—also usurps Congress’ spending power and violates the separation of powers. The Constitution makes clear that it is Congress, not the executive branch, who controls the federal government’s spending authority. Furthermore, an executive agency cannot reject crucial components of a validly enacted statute that Congress passed.” 

Many of the Plaintiff states have been involved with the PREP program since 2012, and partner with public schools and community organizations. If PREP and SRAE funding is terminated, the 16 involved states will lose at least $35 million, according to the complaint.

Teenage pregnancy and STIs remain to be a major public health issue in the country, and while teen birth rates have steadily declined over recent decades, the rates in the US remain high when compared to other high-income countries, with there being 13.1 births per 1,000 girls aged 15-19 in 2023, according to the complaint. Babies born to teenage girls are at increased risk of having low birth weights, infant mortality, hospital admission in early childhood, and lower cognitive development.  

The complaint also states that youth aged 15-24 contract about half of all new STIs while they only represent about 25% of the sexually-active population. STIs can oftentimes go unnoticed, which can lead to drastic health issues like cancers, pelvic inflammatory disease, and increased risk of HIV. 

“Plaintiff States are home to many transgender youth, gender-diverse youth, and youth with differences in sex development,” the complaint states. “In the United States, approximately 2.8 million people aged 13 and older identify as transgender. While these populations may be underreported, this number includes about 724,000 youth ages 13 to 17, representing 3.3% of all youth.” 

LGBTQIA+ youth are more likely to engage in risky sexual behavior and experience worse health outcomes when compared to cisgender and heterosexual youth. This includes using substances or alcohol before having sex, less frequently using contraception or condoms, and having a higher number of sexual partners. Queer youth are also more suseptible to being victims of rape; experiencing dating violence; bullying; suicidal ideation; and alcohol and substance use. 

“Gender-inclusive sexual health education is essential to providing these vulnerable youth accurate and relevant information to make informed and healthy sexual decisions,” according to the complaint. “Without this federal funding, Plaintiff States will not be able to continue providing the same level of critical education and services to youth populations that need them most. This will impact thousands of children, with a particularly strong impact on high-risk and vulnerable youth populations.” 

Oregon and Minnesota are also co-leading the coalition of states, which are Colorado, Connecticut, Delaware, Hawai’i, Illinois, Massachusetts, Maryland, Maine, Michigan, New York, New Jersey, Rhode Island, Wisconsin, and the District of Columbia.