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Attorney General Letitia James Joins Coalition Suing HHS Over Threats to Withhold Sex Ed Funding

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Published on September 27, 2025
Attorney General Letitia James Joins Coalition Suing HHS Over Threats to Withhold Sex Ed FundingSource: Office of the New York State Attorney General

Attorney General Letitia James, with a coalition of 15 other attorneys general, is taking a stand against the Department of Health and Human Services (HHS) over what they describe as illegal revisions to state sex education programs. James and the group filed a lawsuit after HHS threatened to withhold funding unless references to gender identity and transgender status were removed from the curriculum. This dispute circles tens of millions of dollars linked to the Personal Responsibility Education Program (PREP) and Title V Sexual Risk Avoidance Education (SRAE), which are on the chopping block unless states comply with the new guidelines. The legal action, which surfaced in the District Court for the District of Oregon, aims to block the administration's move and protect these crucial health education initiatives.

The alterations demanded by HHS would not just potentially rollback progress in sex education but also poses a threat to the well-being of teens across the country. "Comprehensive sex education programs can save lives and help teens navigate the challenges of young adulthood," Attorney General James stated in a press release, reinforcing the importance of accurate and supportive educational material. James argues that the administration’s mandate will escalate the risks of teen pregnancy and sexually transmitted infections (STIs), notably among the nation's most vulnerable youth.

With origins tracing back to 1996, SRAE grants have enabled states to deliver vital sexual health education. The PREP, a product of the Affordable Care Act, is among the most significant federally funded programs addressing teen pregnancy and STIs. Programs such as PREP have reported positive feedback, with an 88 percent approval rate from the youth who felt respected during the sessions. The outcomes speak for themselves: post-PREP participation shows an increase in teens choosing to abstain from sex, using contraception, and resisting sexual pressure. Yet, these beneficial programs are now under siege by the new conditions set forth in August that prohibit the use of grants for any programs that acknowledge transgender, intersex, or nonbinary individuals, as per the Trump administration’s outdated viewpoint on gender.

The lawsuit challenges the HHS restrictions on legal and constitutional grounds. While federal laws and HHS regulations prohibit discrimination based on sex and gender identity, the new rules require states to remove references to gender identity from their curriculums. The complaint also alleges that HHS exceeded its authority and violated the Constitution’s Spending Clause and Separation of Powers. The coalition, which includes attorneys general from Colorado, Illinois, and Michigan, is asking the court to block enforcement of the restrictions on federally funded programs, as per the official press release.