Washington Attorney General Nick Brown, Oregon Attorney General Dan Rayfield, and Minnesota Attorney General Keith Ellison co-led a coalition of 16 states plus the District of Columbia in suing the U.S. Department of Health and Human Services (HHS) for the illegal conditions that HHS placed on funding for teen reproductive and sexual health education programs through the Personal Responsibility Education Program (PREP) and funding through the Title V Sexual Risk Avoidance Education program. By forbidding states from even acknowledging the existence of gender identity in the context of sexual health, the federal government is unlawfully attempting to erase entire categories of students and violating multiple laws.   

The plaintiff states receive millions of dollars in federal funding under programs created by Congress to provide comprehensive sexual health education for adolescents. The statutes that established the programs require states to provide content that is “ ‘medically accurate and complete,’ ‘culturally appropriate,’ or provided in the appropriate ‘cultural context.’” Many of the plaintiff states have legislation requiring them to teach students medically accurate instruction on gender identity in the context of sexual health, and such teachings are recommended by national medical associations. The administration’s restrictions would prohibit these lessons, leaving entire categories of students uninformed of risks.   

The states’ suit asserts that HHS has violated the Constitution, as well as laws that created these education programs and the Administrative Procedure Act. The states have asked the court to block the federal government from enforcing its illegal restrictions and release all funds owed to the states.  

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. These young people are treated equally under Washington state and federal laws, and we intend to make sure of it. Attorney General Nick Brown