A Fight Over Sex Education and Gender Identity

USATue Oct 21 2025
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In a recent court hearing, a judge in Oregon made a decision that could impact sex education across the country. The case revolves around a directive from the Trump administration that aimed to remove references to "gender ideology" from sex education programs. This directive was challenged by a group of states, including Washington, Oregon, and Minnesota, who argued that it went against congressional intent and the Constitution. The judge, Ann Aiken, seemed ready to block this directive, stating that it appeared to be a form of "separate-but-equal" approach to sex education. This is a big deal because the directive could have led to the exclusion of important topics related to gender identity from sex education curricula. The states involved in the case faced the risk of losing millions in federal funding if they didn't comply with the directive. The Trump administration argued that their policy was lawful and aligned with congressional goals of promoting abstinence and sexual risk avoidance. However, the states' lawyers contended that the policy violated the requirements set by Congress when it created the programs. They also argued that the administration was overstepping its authority by dictating what could be taught in sex education. This case is part of a larger debate about gender identity and sex education. On his first day back in office, Trump signed an executive order that directed the government to recognize only two sexes — male and female. This order also required agencies to ensure that grant funds do not promote what he called "gender ideology. " The controversy started when the Department of Health and Human Services (HHS) sent letters to 46 states and territories, demanding they remove all references to "gender ideology" from sex education curricula. The HHS also terminated California's grant after the state refused to modify its educational materials to comply with the directive. The Personal Responsibility Education Program (PREP) is one of the programs affected by this directive. PREP educates young people on abstinence and contraception to prevent pregnancy and sexually transmitted infections. It focuses on children who are homeless, living in foster care, or in areas with high teen birth rates. This case highlights the ongoing tension between federal directives and state autonomy in education. It also raises important questions about the role of gender identity in sex education and the potential impact on students who identify as transgender.