New York Attorney General Letitia James has joined a coalition of 15 other attorneys general in filing a lawsuit against the U.S. Department of Health and Human Services (HHS). The suit challenges new federal requirements that would prohibit states from including references to gender identity and transgender status in sexual education programs funded by two key grant initiatives: the Personal Responsibility Education Program (PREP) and Title V Sexual Risk Avoidance Education (SRAE).
The administration has indicated it will withhold tens of millions of dollars from these grants unless states comply with the new conditions, which require curricula to omit information about transgender, intersex, or nonbinary individuals. The lawsuit was filed in the United States District Court for the District of Oregon.
“Comprehensive sex education programs can save lives and help teens navigate the challenges of young adulthood,” said Attorney General James. “These new restrictions threaten to undermine effective and educational health programs that help reduce teen pregnancy and dangerous sexually transmitted infections. I will not allow this administration to put young people at risk by prioritizing politics over providing accurate and important health information.”
The SRAE program, established in 1996, provides states with resources for sexual health education focused on preventing teen pregnancy and sexually transmitted infections (STIs). PREP, created under the Affordable Care Act, is one of the largest federally funded efforts addressing teen pregnancy and STIs. Data shows that students participating in PREP are more likely to abstain from sex or use contraception if they choose to be sexually active, as well as feel respected during their participation.
If federal funding for PREP and SRAE is withdrawn due to noncompliance with HHS’s new requirements, states may have to lay off sexual health educators and close down programs. This could impact youth aged 15 to 24 who already account for half of all new STI cases despite being only a quarter of those who are sexually active. Teen mothers face increased risks related to social isolation, mental health issues, and limited educational or job opportunities. LGBTQ youth could be especially affected due to higher rates of sexual assault, teen pregnancy, STIs, and mental health challenges within this group.
In August 2025, HHS revised its funding criteria based on policies that recognize only two sexes—male and female—and treat sex and gender as unchangeable categories. These changes require states either to alter long-standing curricula or lose access to essential funding. Attorney General James argues that both options violate legal requirements mandating medically accurate information in sexual education.
The coalition contends that HHS’s restrictions are illegal under laws governing PREP and SRAE as well as HHS regulations prohibiting discrimination based on sex or gender identity. They also argue that these actions violate constitutional provisions regarding congressional authority over spending.
Alongside New York, attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, Oregon, Rhode Island, Washington, Wisconsin, and the District of Columbia have joined the lawsuit seeking an injunction against implementing these restrictions.
