Delaware successfully blocks illegal cuts to comprehensive sexual health education

A federal judge issued a preliminary injunction on October 27, 2025 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 16 states and the District of Columbia, including Delaware. The states sued the U.S. Department of Health and Human Services (HHS) in September alleging the administration was denying young people services for cruel and purely political reasons with no regard for the law.
“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 programing 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, healthy 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.

Read a copy of the preliminary injunction here.