Key Takeaways
- A coalition of 19 states and the District of Columbia have sued the U.S. Department of Health and Human Services over a declaration that could limit access to gender-affirming care for young people.
- The declaration, issued by HHS, claims that treatments like puberty blockers, hormone therapy, and surgeries are 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 by the administration to limit gender-affirming health care for children and teenagers.
- Major medical groups and organizations, including the American Medical Association, oppose restrictions on transgender care and services for young people.
Introduction to the Lawsuit
A coalition of 19 states and the District of Columbia have filed a lawsuit against the U.S. Department of Health and Human Services (HHS) over a declaration that could limit access to gender-affirming care for young people. The declaration, issued by HHS, claims that treatments like puberty blockers, hormone therapy, and surgeries are unsafe and ineffective for children and adolescents experiencing gender dysphoria. The lawsuit, filed in U.S. District Court in Eugene, Oregon, alleges that the declaration is inaccurate and unlawful, and asks the court to block its enforcement. The lawsuit is the latest in a series of clashes between the administration and advocates for transgender health care, with the administration arguing that such care can be harmful to children, and advocates arguing that it is medically necessary and should not be inhibited.
The Declaration and Its Implications
The declaration, issued by HHS, is based on a peer-reviewed report that the department conducted earlier this year. The report urged greater reliance on behavioral therapy rather than broad gender-affirming care for youths with gender dysphoria. The report questioned standards for the treatment of transgender youth issued by the World Professional Association for Transgender Health and raised concerns that adolescents may be too young to give consent to life-changing treatments that could result in future infertility. However, major medical groups and those who treat transgender young people have sharply criticized the report as inaccurate. The declaration has significant implications for young people seeking gender-affirming care, as it could limit their access to medically necessary treatments.
The Lawsuit and Its Allegations
The lawsuit alleges that HHS’s declaration seeks to coerce providers to stop providing gender-affirming care and circumvent legal requirements for policy changes. It says federal law requires the public to be given notice and an opportunity to comment before substantively changing health policy — neither of which, the suit says, was done before the declaration was issued. The lawsuit also alleges that the declaration is an attempt to unilaterally change medical standards, which is not within the authority of the HHS secretary. New York Attorney General Letitia James, who led the lawsuit, stated that "Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and 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 by the administration to limit gender-affirming health care for children and teenagers. HHS has also proposed two federal rules that would cut off federal Medicaid and Medicare funding from hospitals that provide gender-affirming care to children, and 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 administration’s efforts to limit such care began.
The Impact on Transgender Youth
The declaration and the 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 that most other state laws are likely to remain in place. The lawsuit and the efforts of advocates for transgender health care aim to ensure that young people have access to the care they need, and that medical decisions are made by healthcare professionals rather than politicians.
Conclusion
The lawsuit filed by the coalition of states and the District of Columbia is an important step in the effort to protect the rights of transgender youth and ensure that they have access to medically necessary care. The declaration issued by HHS is a clear attempt to limit access to gender-affirming care, and the lawsuit alleges that it is inaccurate and unlawful. The outcome of the lawsuit will have significant implications for transgender youth and the healthcare providers who care for them. As the administration continues its efforts to limit gender-affirming health care, it is essential that advocates and healthcare professionals continue to speak out and fight for the rights of transgender youth to receive the care they need.
