Hennepin notches a legal victory against federal ‘abstinence only’ effort 

In a partial win for Hennepin County, a federal judge this week halted the U.S. Department of Health and Human Services from enacting extensive changes to its Teenage Pregnancy Prevention (TPP) program, reviving hopes that the county can continue to receive millions in federal grant funding. The ruling did not, however, restore more than half a million in cancelled funds that the county had not yet spent.

The TPP program started in 2010 and provides $101 million in grant funding annually to organizations that work to decrease sexual risk behavior, sexually transmitted infections and unintended pregnancies, according to HHS’s website. The changes would’ve required grantees to teach abstinence-only practices and omit “gender ideology.” 

In Hennepin, TPP grants totalling just under $6 million have been used to fund a program called “Better Together Hennepin,” which aims to prevent teenage pregnancy and promote adolescent health by putting health mentors in schools and clinics across the region, said Amy Olson, a Hennepin County Public Health spokesperson, via email.

While analyzing exact changes to teenage pregnancy rates in response to the TPP program is statistically complex, national rates overall have continuously decreased since the 1990s.

In a complaint filed in July against HHS and Secretary Robert F. Kennedy, Jr., Hennepin County and three other plaintiffs wrote that on June 23, HHS released new requirements for TPP grants, including teaching “abstinence-only ‘sexual risk avoidance’ education,” preventing awardees from including “‘gender ideology’ and diversity, equity, and inclusion practices,” and restricting discussion of teen sexual activity.

The complaint went on to say that on June 26, HHS cancelled 53 of 67 TPP grants that were worth almost $70 million, saying the grantees did not meet the new requirements set just three days before. The plaintiffs argued the new funding conditions violated the Administrative Procedure Act, which governs how federal agencies create and issue regulations, and the First Amendment.

The federal district judge presiding over the lawsuit, Christopher Cooper, partially granted the plaintiff’s motion for a preliminary injunction, stating in his opinion filed Wednesday that “HHS’s new TPP policy is likely arbitrary and capricious.” Cooper’s decision blocks HHS from using the newly-implemented criteria to award grants. 

However, Cooper denied restoring the grant money terminated in June – about $537,000 in Hennepin County –  noting he is unsure if he has the legal authority to take that action.

Ruth Richardson, president and CEO of Planned Parenthood North Central States, said federal funding has been critical to promoting adolescent sexual health and wellness. Speaking with MinnPost, she called the cuts “frustrating” and “perplexing.”

“Our young people deserve to learn from trained educators and to get access to trusted and evidence-based materials to help ensure that they are operating with the information to make the informed choices that they would like to make,” Richardson said.

A Hennepin County budget presentation on July 28 showed the county had received just under $6 million overall in TPP grants, but that the unspent grant money for this fiscal year was cancelled. At the meeting, several county commissioners commented on mounting fiscal challenges due to federal cuts, saying services for residents will suffer.

“We’re stuck in situations where needed services are being discontinued, where teen pregnancy [prevention] is not being funded anymore. That’s wild,” Commissioner Angela Conley said at the meeting.

Sara Hollie, the county’s assistant administrator for health, said in a statement, “We know that evidence-based education programs have been critical in reducing the teen pregnancy rate in Hennepin County … We know what works. Federal funding has played a significant role in doing this work.” 

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