In a notable stand against the federal government's recent directive, Colorado has aligned with a group of states taking legal action over conditions tied to federal funding for sexual health education. The consortium, which includes 16 states in addition to the District of Columbia, is challenging the Trump administration's stipulation that programs supporting comprehensive sexual health education should exclude affirming language regarding young people's gender identity or risk losing funding.
This move by the Department of Health and Human Services has prompted Colorado to join the multi-state lawsuit. This is a push to ensure critical funds for programs like the Personal Responsibility Education Program are not withdrawn. Colorado depends on around $880,000 each year from this federal initiative to educate teens about the prevention of pregnancy and sexually transmitted infections, according to data from the Attorney General's office.
Colorado Attorney General Phil Weiser criticized the federal government's attempt to manipulate these educational programs. "If we want our kids to thrive, we need to provide them with proper sexual health education, as well as help them understand healthy relationships and positive attitudes about adolescent growth and development," Weiser said, as per the Colorado Attorney General's Office. "HHS is restricting these grants without a clear statutory basis. This illegal action by the Trump administration will harm Colorado kids and that is why we are joining this lawsuit," he added.
The legal argument homes in on alleged violations of the federal Administrative Procedure Act and the Constitution of the United States. By trying to compel states to follow its non-scientifically backed approach in PREP content, HHS has been accused of not only transgressing laws set by Congress but also undermining the fundamental separation of powers.
