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Attorney General Nessel Blocks Illegal Cuts to Comprehensive Sexual Health Education

LANSING – A federal judge issued a preliminary injunction (PDF) late Monday blocking the Trump Administration from defunding teen reproductive and sexual health education programs over language that affirms all young peoples’ gender identities. The ruling is the latest in a lawsuit filed by 17 attorneys general, including Michigan Attorney General Dana Nessel. The coalition sued the U.S. Department of Health and Human Services (HHS) in September (PDF) alleging the administration was denying young people services for cruel and purely political reasons with no regard for the law.

“This unlawful action by the Trump Administration would have put the health and safety of our kids at risk,” Nessel said. “For trans youth, who already face higher rates of bullying, isolation, and health disparities, this attempt to erase their very existence from educational programs was not just cruel but dangerous. I will continue to fight against illegal measures that jeopardize the well-being of Michiganders.”

In late August, HHS threatened to pull nearly $3.4 million in Personal Responsibility Education Program (PREP) funding from Michigan. PREP provides medically accurate education to help teenagers reduce pregnancy and the spread of sexually transmitted infections (STIs). In Michigan, PREP supports programming at 25 school buildings and 8 community-based organizations, serving thousands of young people across the state.

The coalition argued that HHS’s actions violated the federal Administrative Procedure Act as well as the United States Constitution. Congress created the grant program with clear statutory requirements that are at direct odds with the Trump Administration’s baseless insistence that gender is absolute, fixed, and binary, and that any reference to transgender status or gender identity must be erased altogether.    

The attorneys general further argued that forcing states to use medically unsupported, incomplete PREP program content violates laws adopted by Congress. The action is arbitrary and capricious under the Administrative Procedure Act. By unilaterally imposing these vague and nonsensical conditions, it also usurps Congress’ spending power and violates the separation of powers.    

Joining Attorney General Nessel in securing this preliminary injunction are the attorneys general of Colorado, Connecticut, the District of Columbia, Delaware, Hawai‘i, Illinois, Massachusetts, Maryland, Maine, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and Wisconsin. 

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