Nearly 20 states sue HHS over declaration to restrict gender transition treatment for minors
A group of 19 Democrat-led states and Washington, D.C., filed a lawsuit against the Trump administration over a declaration that aims to restrict gender transition treatment for minors.
The lawsuit against the U.S. Department of Health and Human Services; its secretary, Robert F. Kennedy Jr.; and its inspector general comes after the declaration issued last week described treatments such as puberty blockers, hormone therapy and gender surgeries as unsafe and ineffective for children experiencing gender dysphoria.
The declaration also warned doctors they could be excluded from federal health programs, including Medicare and Medicaid, if they provide these treatments to minors.
The move seeks to build on President Donald Trump's executive order in January calling on HHS to protect children from "chemical and surgical mutilation."
"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," Kennedy said during a press conference last week.
HHS has also proposed new rules designed to further block gender transition treatment for minors, although the lawsuit does not address the rules, which have yet to be finalized.
The states' lawsuit, filed Tuesday in Eugene, Oregon, argues that the declaration is inaccurate and unlawful and urges the court to prevent it from being enforced.
"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," New York Attorney General Letitia James, who led the lawsuit, said in a statement.
The lawsuit claims the declaration attempts to pressure providers into ending gender transition treatment for young people and circumvent legal requirements for policy changes. The complaint said federal law requires the public be given notice and an opportunity to comment before substantively amending health policy and that neither of these were done before the declaration was released.
The declaration based its conclusions on a peer-reviewed report that the department conducted earlier this year that called for more reliance on behavioral therapy rather than broad gender transition treatment for minors with gender dysphoria.
The report raised questions about standards for the treatment of transgender children issued by the World Professional Association for Transgender Health and brought concerns that youths may be too young to give consent to life-changing treatments that could result in future infertility.
Major medical groups and physicians who treat transgender children have criticized the report as inaccurate.
HHS also announced last week two proposed federal rules — one to cut off federal Medicaid and Medicare funding from hospitals that offer gender transition treatment to children and another to block federal Medicaid money from being used for these procedures.
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The proposals have not yet been made final and are not legally binding because they must go through a lengthy rulemaking process and public comment before they can be enforced.
Several major medical providers have already pulled back on gender transition treatment for youths since Trump returned to office, even those in Democrat-led states where the procedures are legal under state law.
Medicaid programs in just under half of states currently cover gender transition treatment. At least 27 states have adopted laws restricting or banning the treatment, and the Supreme Court’s decision this year upholding Tennessee’s ban likely means other state laws will remain in place.
Democrat 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., as well as Pennsylvania's Democrat governor, joined James in the lawsuit.
The Associated Press contributed to this report.