A coalition consisting of 19 states and the District of Columbia has filed a lawsuit against the U.S. Department of Health and Human Services (HHS) over youth gender-affirming care policies. This legal action took place this week in response to a controversial declaration by HHS, which stated that certain treatments for gender dysphoria are unsafe for minors.
Overview of the Lawsuit Against HHS
The lawsuit was initiated in U.S. District Court in Eugene, Oregon. It challenges a declaration that describes treatments like puberty blockers, hormone therapy, and surgeries as ineffective for children and adolescents. The declaration, issued last Thursday, warns healthcare providers that they could be excluded from federal health programs, including Medicare and Medicaid, if they provide these care options.
Claims and Concerns
New York Attorney General Letitia James, who is leading the lawsuit, argues that the declaration is both inaccurate and unlawful. James emphasized that medical standards cannot be altered unilaterally by the secretary of HHS, Robert F. Kennedy Jr. According to the attorney general, patients should not lose access to necessary healthcare due to government interference.
- The lawsuit claims the HHS declaration coerces healthcare providers to halt gender-affirming care.
- It alleges that HHS violated federal laws requiring public notice and comment before changing health policy.
- The declaration’s findings were based on a peer-reviewed report advocating for behavioral therapy over gender-affirming treatments.
Reactions from Medical Professionals
Major medical organizations, including the American Medical Association, have criticized the HHS findings as flawed and continue to advocate for gender-affirming services for young people. The report issued by HHS raised concerns regarding the consent process for adolescents undergoing life-altering procedures.
Impact of Proposed Rules
Alongside the declaration, HHS introduced two proposed federal regulations aimed at restricting federal funding for hospitals providing gender-affirming care to minors. Although these proposals are not yet finalized, they could further deter healthcare providers from offering such services. Currently, nearly half of U.S. states have Medicaid programs that cover gender-affirming care, yet 27 states have enacted restrictions or outright bans.
Support for the Lawsuit
Joining New York’s attorney general in the lawsuit are Democratic attorneys general from various states, including:
- California
- Colorado
- Connecticut
- Delaware
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New Mexico
- Oregon
- Rhode Island
- Vermont
- Wisconsin
- Washington
- District of Columbia
The lawsuit represents a significant pushback against ongoing efforts to limit access to gender-affirming care for youth, reflecting deep divisions surrounding transgender health policies at both state and federal levels.
