Judge sides with 21 states in transgender care suit

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A federal judge has ruled in favor of a coalition of 21 states, including Minnesota, that challenged a declaration by President Donald Trump’s administration to limit access to puberty blockers, hormone therapy and other care for transgender children and adolescents.

The U.S. District Court in Oregon issued a ruling on March 19 blocking the declaration made in December by U.S. Health and Human Services Secretary Robert F. Kennedy Jr.

“Gender-affirming care is health care, and health care decisions should be left up to doctors, their patients, and if the patient is younger, their parents or guardians,” said Minnesota Attorney General Ellison. ”States are responsible for licensing and regulating the medical profession, and professional associations like the American Medical Association, the Endocrine Society, and others like them, establish standards of medical care based on evidence-based research. The federal government should not be part of that equation, and there’s no room in Minnesota doctor’s offices for Donald Trump, RFK Jr., and other politicians that want to dictate what healthcare we can and cannot receive.”

The federal health agency did not immediately return a request for comment. The Trump administration is expected to appeal the court’s decision.

Kennedy’s declaration called puberty blockers and other transgender health care for youth unsafe and ineffective and claimed they did not meet medical standards of care. It warned hospitals and doctors they could be denied federal funding for providing those treatments.

Also in December, the Trump administration proposed new federal rules that would block federal funding for hospitals that provide transgender care to minors and prohibit the use of Medicaid dollars for care for minors, such as puberty blockers, hormone therapy or surgery. The rules must go through a period of public comment and review before they may be finalized.

Kennedy’s declaration is broader in scope than the proposed rules and had an immediate chilling effect on providers of transgender health care, said Katie Keith, director of the Center for Health Policy and the Law at Georgetown University.

“This is an attempt to redefine the standard of care, and this new interpretation would apply to any entity, any health care providers, not just hospitals,” Keith said of Kennedy’s declaration.

In suing the Trump administration, the states argued Kennedy did not follow proper procedures in issuing his December declaration and overstepped his authority by effectively trying to alter medical standards of care and ban transgender care.

“It is a hugely important victory for the states that stood up for this care,” Keith said. “These are states where this care is lawful and what we have the Trump administration trying to do is ban this care nationwide.”

Kennedy’s declaration based its conclusions on a report and review of scientific literature released by the Trump administration in May that raised concerns about the risks of hormone therapy, surgery and other treatments for young people experiencing gender dysphoria.

The report drew criticism from major medical organizations, including the American Academy of Pediatrics, which said it misrepresented the medical consensus and did not recognize the realities of pediatric care.

In February, the American Society of Plastic Surgeons changed its stance and recommended that gender-affirming surgeries be delayed until patients turn 19, CNN reported. Gender-affirming surgery is rare in adolescents.

Other major medical organizations stood by their stance against limits on care, noting that guidelines already called for caution around surgery for minors and emphasizing that these decisions should remain between families and their doctors.

The Trump administration has made eliminating legal protections for transgender people a priority, seeking to ban transgender people from the military, bar them from using their gender identities on passports and prohibit federal workers from using bathrooms reflecting their gender identity. The administration also has targeted federal research grants that deal with transgender issues.

Joining in the lawsuit in addition to Ellison were the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the governor of Pennsylvania.

Minnesota Lawyer staff contributed to this report.