Trump Administration's Alterations Regarding Gender-Affirming Care Deemed Unlawful by Attorneys General
In a significant legal challenge, a coalition of state attorneys general, led by New York State Attorney General Letitia James, have filed lawsuits against the Trump administration over its attempts to limit gender-affirming care for individuals under 19. The ongoing lawsuit alleges that the administration's actions, including executive orders and Department of Justice (DOJ) investigations, unlawfully pressure healthcare providers by threatening civil and criminal penalties, effectively restricting access to gender-affirming care nationwide, even in states where such care is legally protected.
The lawsuit argues that the administration’s campaign infringes upon state sovereignty protected by the Tenth Amendment, violates constitutional rights, exceeds statutory authority, and breaches the Administrative Procedure Act. The actions have led some hospitals and clinics in states like California, Colorado, Connecticut, Illinois, and New York to suspend or shut down gender-affirming care programs for minors out of fear of federal prosecution, despite state laws supporting this care.
The co-plaintiffs in the lawsuit include the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, Rhode Island, Wisconsin, the District of Columbia, and the governor of Pennsylvania. The lawsuit aims to block the enforcement of these executive orders and DOJ directives.
The complaint states that the changes in gender-affirming care are intended to end healthcare for transgender individuals under 19. According to the lawsuit, these actions could have dire consequences, worsening mental health outcomes for affected youth. James asserted that the Trump administration is "ruthlessly targeting young people who already face immense barriers just to be seen and heard, and are putting countless lives at risk in the process."
The Sylvia Rivera Law Project, an organisation advocating for the survival and self-determination of trans youth, has been following WPATH standards of care since its inception in 1978. The organisation has expressed concern over the intimidation and confusion caused to medical providers and the threat of criminalization. They affirm their support for parents and families who are advocating for their trans youth to access necessary care.
In response, the White House spokesperson, Taylor Rogers, stated that President Trump took "decisive action to stop the despicable mutilation and chemical castration of children" with his decision on gender-affirming care. The administration looks forward to "ultimate victory" on the issue, according to Rogers. However, the Sylvia Rivera Law Project and the coalition of state attorneys general argue that the administration's stance is misguided and harmful.
U.S. Attorney General Pam Bondi issued a memo seeking the Department of Justice to investigate and prosecute doctors who provide gender-affirming care to people under the age of 19. In court documents, James and her colleagues claim that the federal government is trying to enact a nationwide ban on gender-affirming therapy by threatening non-compliant healthcare providers with "baseless criminal charges."
In summary, the legal challenge is an active, multi-state lawsuit seeking to halt the Trump administration’s federally driven restrictions on gender-affirming care for minors, asserting that these actions unlawfully undermine state protections and put medical providers in an untenable position. The lawsuit underscores the importance of upholding the rights of transgender youth to access necessary healthcare and the need to challenge policies that restrict these rights.
[1] NPR [2] The New York Times [3] The Washington Post [4] The Hill [5] The Hill
- The ongoing lawsuit, jointly filed by a coalition of state attorneys general and represented by the Sylvia Rivera Law Project, alleges that the Trump administration's actions concerning gender-affirming care for minors not only infringe upon state sovereignty but also pose a threat to mental health and general wellness, specifically targeting transgender youth.
- The legal challenge, reported by media outlets such as NPR, The New York Times, The Washington Post, and The Hill, aims to block the enforcement of federal executive orders and DOJ directives that threaten civil and criminal penalties against healthcare providers offering gender-affirming care, arguing that these actions violate constitutional rights and exceed statutory authority, thus contradicting health-and-wellness, mental-health, and political policies that advocate for the rights of minors to access necessary care.
