19 states sue over federal gender-affirming care crackdown
A group of Democratic-led states and the District of Columbia has taken legal action against the federal health department over a declaration signed by Health Secretary Robert F. Kennedy Jr. that rejects gender-affirming care. The lawsuit, filed by 19 states and D.C., argues that the declaration bypassed required public notice and comment periods for regulations and exceeded the powers granted to the Department of Health and Human Services by Congress.
The declaration issued by Kennedy claims that gender-affirming care, which includes hormone therapy and surgeries, does not meet medical standards of care. This has raised concerns among healthcare providers and advocates who support gender-affirming care as evidence-based and sometimes lifesaving for transgender individuals, especially youth. The lawsuit highlights the immediate and harmful impacts of the declaration on state Medicaid programs and medical practice regulation.
In addition to the declaration, the Trump administration announced two proposed rules that would restrict federal funding for facilities providing gender-affirming care and prohibit Medicare or Medicaid funding for such services. These moves have sparked outrage among major medical organizations and providers who work with transgender children, as well as their families. Organizations like the American Academy of Pediatrics, the Children’s Hospital Association, and Physicians for Reproductive Health have condemned the crackdown on gender-affirming care.
Legal experts have raised concerns about the scope of the declaration issued by Kennedy, noting that it could restrict healthcare providers from offering gender-affirming services even in private practices. The unprecedented nature of the declaration, which was not issued in response to a public health emergency, has sparked further criticism and calls for transparency in policymaking.
Despite the legal challenges, Kennedy remains confident that the Department of Health and Human Services will prevail in any court battle. The department has not yet provided a response to the lawsuit. The ongoing debate over gender-affirming care underscores the complex and evolving landscape of healthcare policy, particularly concerning LGBTQ+ rights and access to inclusive and affirming healthcare services.
