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19 Democratic-Led States Sue Trump Administration Over Gender Treatment Restrictions
A coalition of 19 Democratic-led states and Washington, D.C. has filed a lawsuit against the Trump administration following a recent declaration that aims to restrict gender transition treatments for minors experiencing gender dysphoria.
The legal challenge, filed Tuesday in Eugene, Oregon, targets the U.S. Department of Health and Human Services (HHS), Secretary Robert F. Kennedy Jr., and the department’s inspector general. Led by New York Attorney General Letitia James, the lawsuit contests a declaration that described treatments such as puberty blockers, hormone therapy, and gender transition surgeries as unsafe and ineffective for children.
“Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices,” James stated.
The contested HHS declaration warned medical providers they could face exclusion from federal health programs, including Medicare and Medicaid, if they provide these treatments to minors. This policy initiative builds upon President Donald Trump’s January executive order directing HHS to protect children from what he termed “chemical and surgical mutilation.”
During a press conference last week, Kennedy defended the administration’s position, stating, “We are taking six decisive actions guided by gold standard science and the week one executive order from President Trump to protect children from chemical and surgical mutilation.”
The lawsuit contends the declaration is both inaccurate and unlawful, arguing it circumvents proper legal procedures for policy changes. According to the complaint, federal law requires public notice and opportunity for comment before substantive amendments to health policy — neither of which occurred before the declaration’s release.
The HHS based its conclusions on a peer-reviewed report conducted earlier this year that advocated for greater reliance on behavioral therapy rather than gender transition treatments for minors with gender dysphoria. The report questioned standards established by the World Professional Association for Transgender Health and expressed concerns about young people’s ability to consent to potentially life-altering treatments that could affect future fertility.
However, major medical organizations and physicians specializing in transgender healthcare have criticized the HHS report, calling it inaccurate and not reflective of current medical consensus.
Beyond the declaration, HHS has announced two proposed federal rules that would further restrict access to gender-affirming care. One rule would cut off federal Medicaid and Medicare funding from hospitals offering gender transition treatments to children, while another would block federal Medicaid funds from covering these procedures. These proposals have not been finalized and must undergo a lengthy rulemaking process including public comment periods.
The legal action comes amid a rapidly shifting landscape for transgender healthcare across the country. Several major medical providers have already scaled back gender transition treatments for youth since Trump’s return to office, even in Democratic-led states where such procedures remain legal under state law.
Currently, Medicaid programs in just under half of U.S. states cover gender transition treatments. Meanwhile, at least 27 states have enacted laws restricting or banning these treatments. The Supreme Court’s recent decision upholding Tennessee’s ban suggests other state restrictions are likely to remain in place.
The attorneys general from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, Washington state and Washington, D.C., along with Pennsylvania’s Democratic governor, have joined New York in the lawsuit.
The case represents a significant legal challenge to the administration’s authority to restrict transgender healthcare and highlights the ongoing national debate over gender-affirming care for minors.
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7 Comments
This lawsuit raises important questions about the limits of federal power and the rights of states to regulate healthcare. I’ll be following this case closely to see how the courts navigate these thorny issues.
As a parent, I can understand the desire to protect vulnerable children. But restricting access to medically necessary care also raises serious concerns. I’ll be curious to see how this case unfolds.
This is a complex and emotive issue without easy answers. I hope the courts can find a sensible compromise that balances the rights and needs of all parties involved.
While I respect the Republican states’ intentions, I’m skeptical of the HHS declaration. Decisions around gender transition treatments should be left to medical professionals and families, not the federal government.
This is a complex and sensitive issue with reasonable arguments on both sides. I hope the courts can carefully weigh the evidence and find a balanced approach that respects medical expertise and individual rights.
Interesting development in the ongoing debate around gender transition treatments for minors. I imagine this lawsuit will set an important precedent around the role of the federal government in regulating medical care decisions.
As a medical professional, I’m concerned that the HHS declaration could undermine established best practices and patient-centered care. I hope the courts uphold the role of doctors in these sensitive decisions.