Key Takeaways
- A coalition of 19 states and the District of Columbia have sued the US Department of Health and Human Services over a declaration that complicates access to gender-affirming care for young people.
- The declaration calls treatments like puberty blockers, hormone therapy, and surgeries unsafe and ineffective for children and adolescents experiencing gender dysphoria.
- The lawsuit alleges that the declaration is inaccurate and unlawful and asks the court to block its enforcement.
- The declaration is part of a larger effort to limit gender-affirming health care for children and teenagers, including proposed rules to cut off federal Medicaid and Medicare funding from hospitals that provide such care.
Introduction to the Lawsuit
A recent lawsuit has been filed against the US Department of Health and Human Services (HHS) and its secretary, Robert F. Kennedy Jr., over a declaration that could limit access to gender-affirming care for young people. The declaration, issued last Thursday, calls treatments like puberty blockers, hormone therapy, and surgeries unsafe and ineffective for children and adolescents experiencing gender dysphoria. This move has been met with strong opposition from a coalition of 19 states and the District of Columbia, who have filed a lawsuit in US District Court in Eugene, Oregon, alleging that the declaration is inaccurate and unlawful.
The Declaration and Its Implications
The declaration issued by HHS has significant implications for young people seeking gender-affirming care. It warns doctors that they could be excluded from federal health programs like Medicare and Medicaid if they provide such care, which could lead to a lack of access to medically necessary treatment for many young people. The declaration is based on a peer-reviewed report conducted by HHS earlier this year, which urged greater reliance on behavioral therapy rather than broad gender-affirming care for youths with gender dysphoria. However, major medical groups and those who treat transgender young people have sharply criticized the report as inaccurate, and most major US medical organizations continue to oppose restrictions on transgender care and services for young people.
The Lawsuit and Its Allegations
The lawsuit filed by the coalition of states and the District of Columbia alleges that the declaration seeks to coerce providers to stop providing gender-affirming care and circumvent legal requirements for policy changes. The lawsuit claims that federal law requires the public to be given notice and an opportunity to comment before substantively changing health policy, neither of which was done before the declaration was issued. The lawsuit also argues that Secretary Kennedy cannot unilaterally change medical standards by posting a document online and that 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 Broader Context
The declaration is part of a larger effort to limit gender-affirming health care for children and teenagers. HHS has also unveiled two proposed federal rules, one to cut off federal Medicaid and Medicare funding from hospitals that provide gender-affirming care to children, and another to prohibit federal Medicaid dollars from being used for such procedures. These proposals are not yet final or legally binding and must go through a lengthy rulemaking process and public comment before becoming permanent. However, they will likely further discourage health care providers from offering gender-affirming care to children. Several major medical providers have already pulled back on gender-affirming care for young patients since the Trump administration returned to office, even in states where the care is legal and protected by state law.
The Impact on Transgender Youth
The declaration and proposed rules have significant implications for transgender youth, who may face limited access to medically necessary care. Medicaid programs in slightly less than half of states currently cover gender-affirming care, and at least 27 states have adopted laws restricting or banning the care. The Supreme Court’s recent decision upholding Tennessee’s ban means most other state laws are likely to remain in place. The lawsuit and opposition from major medical organizations highlight the need for access to gender-affirming care for young people and the importance of protecting the rights of transgender individuals.
Conclusion
In conclusion, the lawsuit filed against HHS and its secretary is a significant step in the ongoing debate over access to gender-affirming care for young people. The declaration and proposed rules issued by HHS have significant implications for transgender youth and highlight the need for access to medically necessary care. The opposition from major medical organizations and the lawsuit filed by the coalition of states and the District of Columbia demonstrate the importance of protecting the rights of transgender individuals and ensuring that they have access to the care they need.