A group of 19 states and the District of Columbia filed a lawsuit on Tuesday against the U.S. Department of Health and Human Services, Secretary Robert F. Kennedy Jr., and the inspector general over a declaration that may impact access to gender-affirming care for young individuals.
The declaration issued last week stated that treatments like puberty blockers, hormone therapy, and surgeries are unsafe and ineffective for children and adolescents with gender dysphoria. It also warned doctors that they could face exclusion from federal health programs like Medicare and Medicaid if they provide such care.
The lawsuit, filed in U.S. District Court in Eugene, Oregon, argues that the declaration is inaccurate and unlawful, seeking to block its enforcement. This legal action is part of an ongoing battle between the administration’s stance on transgender health care for children and advocates who believe such care is essential.
New York Attorney General Letitia James, leading the lawsuit, stated, “Secretary Kennedy cannot unilaterally change medical standards…no one should lose access to medically necessary health care.” The lawsuit alleges that the declaration coerces providers to stop offering gender-affirming care and bypasses legal requirements for policy changes.
The report cited in HHS’s declaration recommended behavioral therapy over broad gender-affirming care for youths with gender dysphoria. However, major medical groups and providers for transgender youth have criticized the report as inaccurate.
Efforts to limit gender-affirming health care for children have been ongoing, with proposed federal rules to restrict such care. These proposals are not final yet but may discourage health care providers from offering gender-affirming care to children.
Several states have laws restricting or banning gender-affirming care, while Medicaid programs in less than half of states currently cover such care. The Supreme Court’s recent decision upholding Tennessee’s ban may impact similar state laws.
The lawsuit was joined by Democratic attorneys general from various states, as well as Pennsylvania’s Democratic governor.
