Trump Administration Insists Exclusion of Gender Identity Topics from Sexual Health Programs, Several Jurisdictions Agree

No fewer than eleven jurisdictions and a pair of regions have agreed to a new demand from the federal government to eliminate references of gender identity and the existence of trans and non-binary people from a federal sex education initiative, officials confirmed.

The administration set a Monday deadline for removing these references, threatening the loss of millions in federal funds. Almost every of the complying states have Republican-controlled lawmaking bodies and predominantly Republican governors.

Court Battles and Financial Conflicts

Sixteen other states and the nation's capital have filed a lawsuit against the administration's demand, arguing it infringes on legislative power, which established the $75m sexual health initiative, known as the PREP initiative.

All states involved in the legal challenge are governed by Democratic governors.

In a recent judicial ruling, a federal judge prevented the HHS agency, which manages Prep, from withholding financial support to the suing jurisdictions if they do not adhere.

“HHS fails to show that the updated requirements are reasonable, nor does it offer any reasonable explanation, other than pretext, for its actions,” wrote the judge, a U.S. district judge in the state. “HHS provides no evidence that it made factual findings or took into account the legal goals.”

Program Goals and Federal Review

Prep aims to inform teenagers on healthy relationships and how to prevent pregnancy and the spread of STIs.

In April, the Trump administration required all states and territories obtaining program money to submit a version of their educational materials to HHS and its agency, the ACF office, for a “medical accuracy review”.

By late summer, the administration dispatched notices to 46 states and territories, informing them that, during the review, it had discovered “content in the educational programs that fall outside the purview of the program's legal framework.”

In particular, the administration claimed it had uncovered evidence of “gender-related concepts,” a phrase often used by conservative groups to refer to the notion that gender is a fluid cultural concept and that transgender individuals are real.

Notable Cases of Requested Changes

The administration instructed one state to remove a lesson that stated: “Adolescents may express themselves in ways that differ from their biological sex.”

It instructed another state to delete a sentence from a educational module that read: “People of all sexual orientations and gender identities need to know how to avoid unplanned pregnancy and infections.”

Moreover, sex educators in numerous states could no longer be told to “show tolerance and understanding for all students, regardless of personal characteristics, including race, cultural background, religion, social class, sexual orientation or identity,” according to the letters dispatched to jurisdictions.

Official Statements and Jurisdictional Reactions

“Oversight is imminent,” said Andrew Gradison, acting assistant secretary of the Administration for Children and Families, in a statement. “Federal funds will not be used to negatively influence of the next generation or advance harmful political doctrines.”

Multiple states and territories confirmed they would eliminate the content or had completed the process. These consist of eleven specific states, as well as the two territories.

Another pair of jurisdictions, Alabama and South Dakota, reported their educational programs never contained the terminology mentioned in the government's notices.

Impact on Youth and Psychological Well-being

Together, these states are home to over 120,000 trans people aged 13 to 17, based on projections from a university department.

“If our goal is to support youth and give them a safe space, I’m not sure why we are stomping on the at-risk teenagers in the community,” commented Cindi Huss, who heads Rise that provides sex education in one state.

“When the government says that there’s something incorrect about you and the teachers aren’t allowed to provide information or they have to disclose your identity to family – when you know that that’s not safe – that’s horrible for mental health.”

Almost 50% of trans and non-binary youth contemplated self-harm in the past year, based on a recent study from a mental health organization. Educational backing for these adolescents is associated with reduced numbers of attempted suicide, the group found.

Previous Actions and Continuing Conflicts

Previously, the Trump administration ordered California to cut references to gender identity from its educational program.

When the jurisdiction declined, the administration withdrew its Prep grant, eliminating approximately $12m in government money and stopping health initiatives in schools, youth centers and group homes for foster children.

The California health department is appealing the termination. To date, it has been unsuccessful in make up for the withdrawn money.

The Trump administration has additionally informed educators who receive funding from additional national programs, the $50m Sexual Risk Avoidance Education (SRAE) and the $101m Teen Pregnancy Prevention Program (TPPP), that they may not teach about “gender-related concepts.”

An early October judicial ruling prevented the administration from altering one program, while the Monday court order prohibits it from modifying the other program in the Democratic states that sued over the initiative.

The Administration for Children and Families did not provide a prompt reply to a inquiry.

Briana Garcia
Briana Garcia

An experienced optometrist passionate about educating on eye wellness and innovative vision technologies.