Former US presidential candidate & Trump appointee, Robert F. Kennedy Jr, is under mounting pressure from a coalition of states after his administration threatened to withdraw federal funding from sex-education programmes that include references to transgender and non-binary people.
A legal complaint has been filed against the US Department of Health and Human Services (HHS), accusing the agency—led by Kennedy—of unlawfully coercing states into removing LGBTQ+ inclusive content from their sexual-health curricula.
The complaint, spearheaded by Minnesota, Washington and Oregon, claims that Kennedy’s health department is violating federal law by exceeding Congress’ spending authority.
In August, the HHS threatened to strip funding from educational institutions in at least 46 states if they refused to remove references to transgender and non-binary individuals from materials used in sex-education programmes.
At stake is more than $81.3 million USD (approximately £60.5 million) in funding from two major federal initiatives:
- Personal Responsibility Education Program (PREP)
- Title V Sexual Risk Avoidance Education program (SRAE)
Both programmes aim to reduce teen pregnancy and sexually transmitted infections (STIs) among youth aged 10 to 21.
California Already Facing Cuts
Already, over $12 million USD (£8.9 million) in PREP funding has been withheld from California, after the HHS determined the state’s Department of Public Health had included what it called “gender ideology” in its sex-ed curriculum.
The lawsuit labels the funding conditions as a “radical departure” from precedent and an attempt by Republicans to undermine transgender and gender-diverse youth, as well as those with differences in sex development (DSD).
“Suddenly forcing plaintiff states to remove medically supported, complete and culturally appropriate content in the materials for PREP and SRAE is contrary to the laws that Congress adopted, and is arbitrary and capricious,” the lawsuit reads.
It argues that for more than 40 years, the federal government has recognised the public health need for comprehensive, inclusive adolescent sexual education.
Widespread Legal Opposition
In addition to the lead states, the legal challenge includes Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Rhode Island, Wisconsin, and the District of Columbia.
These states are asking the court to declare the funding conditions unlawful and allow the continued inclusion of trans and non-binary people in federally funded sex-ed materials.
Administration Stands Firm
Despite growing backlash, Andrew Gradison, assistant secretary of the Administration for Children and Families—a division of the HHS responsible for child welfare programmes—defended the funding threats.
“Federal funds will not be used to poison the minds of the next generation or advance dangerous ideological agendas,” Gradison said.
Kennedy, who has no medical qualifications, has previously claimed he can diagnose certain childhood illnesses by merely observing children. The lawsuit criticises his administration for trying to “erase entire categories of students” from sex-education programmes under the guise of protecting them.
