Delaware Blocks Illegal Cuts to Comprehensive Sexual Health Education

November 3, 2025/Mari Lou

Delaware Attorney General Kathy Jennings has successfully blocked the Trump Administration from defunding teen reproductive and sexual health education programs over language that affirms all young peoples’ gender identities. The lawsuit was filed by AG’s from 16 states and the District of Columbia and sued the US Department of Health and Human Services in September alleging that the administration was denying young people services for cruel and political reasons with no regard for the law. A federal judge out of Oregon issued a preliminary injunction last Thursday.

Read a copy of the preliminary injunction here. 

Additional information from AG Jennings: 

“These educational programs keep Delaware’s children healthy, informed, and safe,” said Attorney General Kathy Jennings. “Aside from being illegal, the Trump Administration’s attempts to defund them would have a negative impact on the well-being of Delawareans. In winning yet another injunction, my belief continues to grow that common sense and the rule of law will inevitably prevail.” 
  
In Delaware, these funds support evidence-based educational programming to reduce teen pregnancy, HIV, and other sexually transmitted infections. These funds serve over 2,200 youth across the state. Losing access to this funding would significantly limit the capacity of educators, families, and communities to engage adolescents in informed, health decision-making. 
  
HHS’s actions violate the federal Administrative Procedure Act as well as the United States Constitution. Congress created the grant programs 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. 
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. 
The states of Washington, Oregon and Minnesota are leading the lawsuit; joining the lead states are Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, New Jersey, New York, Rhode Island, and Wisconsin. 
  
 
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