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Judge to Block HHS Rule Forcing States to Strip ‘Gender Ideology’ From Sex-Ed Curricula

The forthcoming order underscores growing court skepticism of HHS conditions that tie teen-pregnancy grants to excluding gender-identity content.

Overview

  • U.S. District Judge Ann Aiken said during a telephonic hearing in Eugene, Oregon, that she will issue a preliminary injunction for a coalition of 16 states and the District of Columbia.
  • The challenged HHS policy conditions PREP and Title V Sexual Risk Avoidance funds on removing references to gender identity, with letters sent Aug. 26 to 46 states warning of funding consequences.
  • States told the court they faced the loss of about $35 million in grants unless they revised curricula to exclude what HHS labeled “gender ideology.”
  • California’s PREP grant was terminated in August after it declined to modify materials, illustrating the policy’s immediate impact.
  • Aiken said the policy conflicts with governing statutes and likened its approach to “separate-but-equal,” while government lawyers argued it lawfully promotes abstinence and sexual risk avoidance; the move follows an Oct. 7 nationwide injunction in a related case in Washington, D.C.