A federal judge says she plans to issue a preliminary injunction blocking a Trump administration policy that would cut funding for sex education programs, including so-called “gender ideology.” The announcement came during a conference call with state attorneys and federal officials.
Earlier this year, President Donald Trump issued an executive order barring schools from engaging in what it calls the “social transition” of transgender youth — meaning any recognition of gender identity as distinct from biological sex, including using a student’s chosen name or pronouns or making accommodations based on gender identity.
When many districts ignored the order, which carries no force of law, the administration threatened to pull funding from schools or states that include gender identity in comprehensive sex education programs.
In response, a coalition of 16 LGBTQ-friendly states sued the U.S. Department of Health and Human Services, arguing that the policy punishes states for even mentioning gender identity in sex education curricula.
The lawsuit argues that the Trump administration’s policy violates the Administrative Procedure Act by exceeding HHS’s statutory authority, acting in an arbitrary and capricious manner, and infringing on the separation of powers, according to Courthouse News Service.
“Including information about gender identity in sexual health education is integral to a complete teaching about abstinence and contraception. And requiring the removal of gender identity from the PREP and SRAE Gender Conditions, without any justification whatsoever, would render them medically unsupported and inaccurate,” the lawsuit states.
During the conference call, U.S. District Judge Ann Aiken of the District of Oregon denounced the Trump administration’s policy as “a sort of separate-but-equal policy” on sex education.
“The school year has already started, the programs are in place, the hiring has been done and right now you have the states caught in a catch-22,” Aiken told Justice Department attorney Susanne Luse. “You’re intervening with a set of conditions that there isn’t a body or document or set of hearings that support that interjection. It looks pretty arbitrary and capricious.”
The suing states argue that losing funding for refusing to remove references to gender identity would eliminate vital sex education programs for vulnerable youth, potentially leading to worse public health outcomes, including unplanned pregnancies, higher STI rates, and increased suicide and depression.
But the Justice Department argued that HHS has the authority to decide what constitutes “medical accuracy,” claiming that the concept of gender identity is invalid because it isn’t rooted in biological sex.
Aiken pushed back, noting there is no statutory language supporting the government’s position.
“The statute defines what is medically complete and accurate — not HHS,” Aiken said. “These funding statutes are extremely clear, there’s no ambiguity in the language and there’s no agency discretion.”
Luse argued that HHS cannot fund sex education programs under the statutes unless they are explicitly authorized. She added that the court should not rely on the medical opinion submitted by the suing states because it fails to meet HHS’s required standard and represents the view of just 16 states rather than the entire country.
“I think you’re missing the point,” Aiken replied. “If you were going to make changes, you would need to do the medically accurate evaluation and process, and then take a look at making the changes. But that’s not what you did, you just made an assumption and HHS sent out additional requirements.”
Aiken — who previously served as a juvenile judge — posed a question to the attorneys representing the states in the lawsuit.
“Is it possible that a trans youth can get pregnant?” Aiken asked. “Is it possible that individuals who are nonbinary can get STIs? Is it possible that any and all of those diverse youth are in the position where, when they don’t have broad information about risks of sex, can become self-harming, suicidal, or drug-affected or drug-using?”
Luse, representing the Justice Department, countered that a purely biological explanation of sexual health would be sufficient to inform youth about the risks of sexual activity.
“Oh, for crying out loud, no. That argument makes no sense,” Aiken said. “It is all about the physical and emotional well-being of children and young people as they go through puberty and adolescence.”
Aiken then asked the government why the court should not find that the order discriminates based on sex by excluding trans youth.
“The government doesn’t say that trans youth don’t exist in our communities, and the government doesn’t say it’s medically inaccurate for sexual health curricula to include reference to gender identities,” Marsha Chien, an attorney with the Washington Attorney General’s Office, responded, referring to the statute governing the grant programs. “And that is because the government can’t.”
Aiken indicated she was leaning toward issuing a preliminary injunction blocking the Trump administration from cutting funds to school districts that include information about gender identity in their sex education curricula. The details of the injunction remain unclear, as she has not yet issued her order publicly.
Oregon State Rep. Cyrus Javadi announced last Friday that he's switching from the Republican to the Democratic Party, blasting GOP leaders for obstructing legislation that would have benefited his constituents and for pursuing an anti-LGBTQ agenda that "isolates minority communities when politically convenient."
Javadi, who confirmed on Substack he will seek re-election next year as a Democrat, boosts his new party's margin in the Oregon House to 37 seats out of 60.
In his Substack post, Javadi said Republicans blocked his efforts to help his district at every turn, prioritizing opposition to Democratic bills as a strategy rather than judging proposals on their merits.
Lesbian comedian Jessica Kirson has publicly apologized for performing at the Riyadh Comedy Festival in Saudi Arabia, saying she has since donated her entire performance fee.
Part of Saudi Arabia's Vision 2030 plan to position the kingdom as a global cultural and entertainment hub, the festival drew widespread condemnation from fellow comedians and human rights organizations.
Kirson said she initially viewed the invitation as a chance to give voice to those repressed in the region.
"I'd like to express my sincere regret for having performed under a government that continues to violate fundamental human rights," she wrote in a statement to The Hollywood Reporter. "I requested a guarantee that I could be openly out as a lesbian on stage and perform gay material. I hoped that this could help LGBTQ+ people in Saudi Arabia feel seen and valued."
New York City Democratic mayoral nominee Zohran Mamdani is facing backlash after a photo resurfaced showing him alongside a Ugandan politician described as the "architect" of that country's law criminalizing homosexuality.
Mamdani, who defeated former New York Gov. Andrew Cuomo by more than 12 points in the final round of ranked-choice primary voting in June, now leads a three-way race against Cuomo, running as an independent, and Republican nominee Curtis Sliwa, founder of the Guardian Angels, the citizen patrol group once famous for policing New York's subways.
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