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NY, NJ sue as Trump administration tries to strip 'gender ideology' from sex ed programs
By
Paige Oamek
Published Sep 27, 2025
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Michele Ursi / Getty Images
By
Paige Oamek
Published Sep 27, 2025
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New York and more than a dozen other states are accusing the federal Department of Health and Human Services of illegally pressuring them to censor references to gender identity in federally funded sexual education programs.
In a lawsuit filed in federal court on Friday, New York Attorney General Letitia James and 15 other attorneys general across the country argue that new HHS rules violate constitutional discrimination protections and undermine public health. New Jersey and Connecticut are taking part in the lawsuit as well.
In August, the HHS, led by Robert F. Kennedy Jr., said schools had 60 days to remove any mention of so-called “gender ideology" from their federally funded education materials or they would lose funding. The two major programs set to lose tens of millions in funding are the Personal Responsibility Education Program, or PREP, and Title V Sexual Risk Avoidance Education (SRAE), both of which provide sexual education in schools across the country.
“Comprehensive sex education programs can save lives,” James said, warning that the federal threat forces states into an impossible choice between shuttering programs or distributing inaccurate and discriminatory information.
According to the lawsuit, New York uses PREP funding to support contracts with seven community-based organizations, providing sex education initiatives that serve about 2,000 young people a year. The programs aim to reduce pregnancy, STIs and birth rates for youth.
The lawsuit comes the same week as the Trump administration stripped New York City of millions of dollars for its new magnet school programs, over policies that allow trans students to use the bathrooms and join gender-segregated sports teams that match their gender identities. City officials say they’re considering litigation to restore those funds as well.
In the new lawsuit, the states say the federal demand relies on the undefined concept of "gender ideology," a term they described in court filings as “vague, undefined, and nonsensical.” They argue the restrictions conflict with state constitutions and civil rights laws that prohibit discrimination in schools based on sex, sexual orientation or gender identity.
States that lose the funding could be forced to lay off sexual health educators and close programs — a shift that James and the coalition argue would increase sexually transmitted diseases among teens, who already make up the bulk of new cases. The lawsuit argues that cutbacks could increase teen pregnancies from record lows in 2023.
Both programs have been in place for more than a decade, aimed primarily at reducing teen pregnancy and the spread of sexually transmitted infections. Rather than a radical new experience, Sexual Risk Avoidance Education has even been criticized by certain left-wing advocacy groups who view it as little more than a rebrand of abstinence-only sex education.
The lawsuit warns that the consequences could be severe: It cites a study that found inclusive sex ed reduces bullying and improves mental health outcomes for LGBT youth. The Trevor Project, an advocacy group, has found that transgender and nonbinary students who consider their schools gender-affirming report far lower rates of attempted suicide.
“I will not allow this administration to put young people at risk by prioritizing politics over providing accurate and important health information,” James said.
Tagged
Health and Science
Politics
education
new jersey
new york city
Paige Oamek
Paige Oamek is a reporter on Gothamist & WNYC's day-of general assignment desk.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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