Nineteen States Sue HHS Over Restrictions on Gender Transition Care for Minors
EUGENE, Ore. — A coalition of 19 Democrat-led states and the District of Columbia filed a lawsuit Tuesday against the U.S. Department of Health and Human Services (HHS), its Secretary Robert F. Kennedy Jr., and the agency’s inspector general, challenging a recent declaration that restricts gender transition treatments for minors. The lawsuit contends that the declaration, issued last week, falsely characterizes medical interventions such as puberty blockers, hormone therapy, and gender-affirming surgeries as unsafe and ineffective for children experiencing gender dysphoria.
The declaration warns healthcare providers that offering these treatments to minors could result in their exclusion from federal health programs, including Medicare and Medicaid. This move aligns with President Donald Trump’s January executive order aimed at protecting children from what his administration described as “chemical and surgical mutilation.” Secretary Kennedy emphasized the administration’s commitment to this policy during a recent press conference, stating, “We are taking six decisive actions guided by gold standard science and the week one executive order from President Trump to protect children from chemical and surgical mutilation.”
However, the states argue that the declaration was issued without the legally required public notice or opportunity for comment, effectively bypassing established procedures for modifying health policy. New York Attorney General Letitia James, who leads the lawsuit, 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.”
The complaint asserts that the declaration unlawfully pressures providers to cease offering gender transition care to minors and threatens to disrupt access to essential medical services. The lawsuit was filed in federal court in Eugene, Oregon, and seeks to block enforcement of the declaration.
In addition to the declaration, HHS has proposed new regulations that would further restrict gender transition treatments for minors, though those rules have not yet been finalized and are not addressed in the lawsuit. Advocates for transgender youth and medical professionals have expressed concern that these policies could severely limit access to evidence-based care.
The legal challenge comes amid a broader national debate over transgender rights and healthcare access. The Department of Health and Human Services oversees federal health programs such as Medicaid and Medicare, which provide coverage for millions of Americans, including many minors who receive gender-affirming care.
The states’ coalition includes jurisdictions that have enacted their own protections for transgender youth and oppose what they view as federal overreach. The lawsuit highlights the tension between state policies supporting gender-affirming care and federal efforts to restrict it.
For more information on the federal health programs implicated in the dispute, see the Centers for Medicare & Medicaid Services. The legal arguments also touch on administrative law principles governed by the U.S. Courts’ administrative law guidelines, which require public notice and comment before substantive policy changes.
This case is likely to draw significant attention as it moves forward, with potential implications for healthcare providers, transgender youth, and federal-state relations in health policy.
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