UPDATE: A coalition of 19 states and the District of Columbia has just launched a lawsuit against the U.S. Department of Health and Human Services (HHS) over a controversial declaration impacting access to gender-affirming care for youth. The lawsuit was filed today in the U.S. District Court in Eugene, Oregon, and seeks to block what advocates are calling an unlawful and damaging move.
The HHS declaration, issued last Thursday, categorizes treatments such as puberty blockers, hormone therapy, and surgeries as unsafe and ineffective for minors experiencing gender dysphoria. Furthermore, the declaration warns doctors that they could face exclusion from vital federal health programs, including Medicare and Medicaid, if they continue to provide these essential services.
As the situation unfolds, states are reacting swiftly. New York Attorney General Letitia James, who is spearheading the lawsuit, emphasized the urgency of the matter, stating, “Secretary Kennedy cannot unilaterally change medical standards by posting a document online.” She added, “No one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices.”
The lawsuit claims that the HHS declaration is not only inaccurate but also violates federal law by failing to provide public notice and a chance for comment before imposing significant health policy changes. HHS’s declaration was based on a peer-reviewed report indicating a shift towards behavioral therapy rather than broad gender-affirming care, raising alarm among major medical organizations.
Notably, the American Medical Association and other health experts criticized the report as misleading. They argue that the declaration is part of a broader effort to restrict gender-affirming health care for children, echoing previous actions from the prior administration.
Despite the declaration’s controversial nature, officials at HHS have refrained from commenting on the ongoing lawsuit. The impact of these changes is immediate, with several major medical providers already scaling back gender-affirming care since the declaration was made public.
The lawsuit arrives amid proposed rules that would further limit federal funding for gender-affirming procedures for minors. Although these rules are not yet final, they are likely to deter healthcare providers from offering necessary care, exacerbating the challenges faced by transgender youth and their families. Currently, approximately 27 states have implemented laws restricting or banning such care, further complicating access for vulnerable populations.
As this urgent situation develops, advocates are calling for immediate action to protect the rights and health of transgender youth. The outcome of this lawsuit could have profound implications, not only for the states involved but also for the future of gender-affirming care across the nation.
Stay tuned for more updates on this critical issue as the legal battle unfolds.
