States Sue Over Federal Policy on Gender Procedures for Minors
Washington, D.C. – A group of 19 states, all led by Democrat attorneys general, and the District of Columbia, have launched a legal challenge against the U.S. Department of Health and Human Services (HHS). The lawsuit contests the HHS’s recent announcement regarding restrictions on what some call “transgender medical care” for individuals under the age of 18.
The legal action targets the HHS, its Secretary Robert F. Kennedy Jr., and the HHS Inspector General. This follows the proposed stricter rules on procedures altering physical gender characteristics. These procedures include puberty-blocking drugs and surgical interventions for those under 18.
Secretary Kennedy’s announcement, released through the HHS, included a “Declaration on Pediatric Sex-Rejecting Procedures” and other regulatory adjustments. A key element would prevent medical providers from receiving Medicare or Medicaid funds if they offer these procedures or hormones to minors.
It’s important to note that the declaration is currently a policy statement. For the HHS to enforce these restrictions, such as cutting off Medicare or Medicaid, it must comply with the Administrative Procedure Act (APA). This act ensures a transparent and accountable process for federal agencies when creating and implementing regulations.
Kennedy’s declaration cited an HHS report from earlier this year. The report suggested behavioral therapy as the preferred approach for addressing gender dysphoria in minors. It emphasized the potential for irreversible harm from “gender transition” treatments.
The lawsuit, filed in the U.S. District Court in Oregon, argues that the HHS announcement infringes on states’ rights. The states are asking the court to overturn the declaration, arguing that it improperly interferes with medical care.
New York Attorney General Letitia James is spearheading the coalition. She has been a vocal opponent of the previous administration’s policies. James argues that Kennedy’s declaration “attempts to limit access to gender-affirming care for young people” without a valid basis.
“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” James stated. “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,” she continued.
Joining James are attorneys general from states including California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, Washington State, Pennsylvania, and Washington, D.C.
Kennedy defended the policy announcement last week. He stated that the decision was “guided by gold standard science” and aligned with the principles of protecting children from potentially harmful medical interventions.
“So-called gender affirming care has inflicted lasting physical and psychological damage on vulnerable young people,” Kennedy stated. “This is not medicine. It is malpractice.”
This legal battle highlights the ongoing debate about the role of government in healthcare decisions, particularly when it comes to sensitive issues involving children and medical procedures. The outcome of this case could have significant implications for the future of healthcare policy and the rights of states to set their own standards of care.
