BREAKING: A coalition of 19 states and the District of Columbia has launched a lawsuit against the U.S. Department of Health and Human Services (HHS) regarding new regulations that could severely limit access to gender-affirming care for youth. The lawsuit, filed on October 17, 2023, in U.S. District Court in Eugene, Oregon, accuses HHS of issuing a declaration that labels critical treatments as unsafe and ineffective.
The HHS declaration, made public on October 12, asserts that treatments such as puberty blockers, hormone therapy, and surgical procedures are not appropriate for children and adolescents experiencing gender dysphoria. It also threatens healthcare providers with exclusion from federal programs like Medicare and Medicaid if they continue to offer these services.
In stark contrast, the lawsuit argues that this declaration is both inaccurate and unlawful. New York Attorney General Letitia James, who spearheaded the legal action, stated,
“Secretary Kennedy cannot unilaterally change medical standards by posting a document online.”
Her remarks highlight the urgent concern that such a declaration could deny young people access to medically necessary healthcare.
The timing of this legal challenge is critical, as HHS has also indicated plans for additional rules that could further restrict gender-affirming care. Although these proposed regulations are not yet finalized, their potential impact on healthcare access is significant and alarming to many advocates.
This lawsuit is part of a broader clash between an administration aiming to limit transgender healthcare for children and advocates who argue that such care is essential for their well-being. The lawsuit claims that HHS is attempting to coerce providers into ceasing gender-affirming treatments, thereby sidestepping legal requirements for public notice and comment.
HHS’s stance is based on a controversial report suggesting that behavioral therapy should replace gender-affirming treatments for youth. This report has been met with widespread criticism from major medical organizations, including the American Medical Association, which continue to advocate against restrictions on care for transgender youth.
The legal landscape is increasingly fraught, as 27 states have enacted laws restricting or banning gender-affirming care for minors. The recent decision by the Supreme Court to uphold Tennessee’s ban raises concerns that similar laws could persist nationally, exacerbating the challenges faced by young transgender individuals seeking support.
As this lawsuit unfolds, healthcare providers across the nation are grappling with the implications of the HHS declaration. Many have already reduced gender-affirming services due to the heightened uncertainty and fear of federal repercussions, even in states where such care is legally protected.
The coalition of attorneys general includes representatives from states like California, Colorado, Illinois, and Washington, signaling a united front against the federal government’s actions. This legal battle will be closely watched as it unfolds, with far-reaching implications for healthcare access and the rights of transgender youth.
WHAT’S NEXT: As the lawsuit progresses, medical professionals and advocates will be monitoring the situation closely. The outcome could set significant precedents for the future of transgender healthcare in the United States, making it imperative for stakeholders to stay informed and engaged in this rapidly evolving issue.
