Context:

Nineteen states and the District of Columbia have filed a lawsuit against the U.S. Department of Health and Human Services (HHS) over a recent declaration that could hinder access to gender-affirming care for youth. The declaration, deemed inaccurate and unlawful by the plaintiffs, labels treatments such as puberty blockers and hormone therapy as unsafe, threatening providers with exclusion from federal health programs. This legal challenge reflects ongoing tensions between the current administration’s efforts to restrict transgender health care for minors and advocates advocating for necessary medical treatments. The lawsuit seeks to block the declaration's enforcement and highlights the need for proper public notice and comment on policy changes. As the situation evolves, further proposed HHS rules may deepen the conflict over youth gender-affirming care.

Dive Deeper:

• The lawsuit was filed in U.S. District Court in Eugene, Oregon, and claims that HHS's declaration violates federal law by not allowing public comment before making significant health policy changes.

• HHS's declaration was based on a peer-reviewed report that suggests a preference for behavioral therapy over gender-affirming treatments, raising concerns about consent and potential long-term effects on youth.

• Major medical organizations, including the American Medical Association, have criticized the HHS report, asserting that it misrepresents the standards of care for transgender youth.

• The proposed federal rules announced alongside the declaration would potentially cut funding from federal Medicaid and Medicare for hospitals providing gender-affirming care, further discouraging such services.

• The Supreme Court's recent ruling upholding Tennessee's ban on gender-affirming care has influenced other states to maintain or adopt similar restrictions, with at least 27 states enacting laws against such care.

• The lawsuit is backed by Democratic attorneys general from multiple states, reflecting a broader coalition against the perceived overreach of federal health policy regarding transgender care.

• Since the Trump administration's return, many healthcare providers have reduced their gender-affirming services, even in states where such care is legally protected.