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States Sue to Shield Gender-Affirming Care for Minors Amid Federal Pressure
Hospitals across the United States are ceasing to provide gender-affirming medical treatments to minors, a trend that has prompted a legal challenge from several states. this withdrawal of care, occurring even in states with explicit legal protections for transgender individuals, stems from what providers and state officials describe as a climate of fear generated by federal actions.
Hospitals in states such as California, Illinois, and Colorado have halted these treatments. California Attorney General Rob Bonta acknowledged the apprehension among healthcare providers, stating, “Anytime you get a criminal subpoena from the federal government, you take note, and it has an impact.” He believes that hospitals in his state are not acting illegally but understands their concerns.
In montana, the final hospital system offering such care, Community Medical Center, ceased operations in June. Parents and patients have expressed confusion and a sense of betrayal, with some feeling that hospital administrators lacked the fortitude to continue providing essential services. Similar sentiments have been reported nationwide.
Despite existing state laws that safeguard transgender rights and affirm the legality of gender-affirming medical treatment, hospitals and doctors have stopped providing care. This decision is attributed to executive orders issued by the Trump administration and threatening letters and subpoenas dispatched by the Department of Justice to both institutions and individual practitioners. Attorneys general are now pursuing legal action to nullify these threats, aiming to enable healthcare providers to resume treatments without the specter of funding loss or criminal prosecution.
The Trump administration’s stance is that this type of medical care is both harmful and unlawful. Their legal arguments are reportedly based on three federal statutes: a law prohibiting female genital mutilation, which they contend applies to certain gender-affirming surgeries (though such procedures are exceedingly rare for transgender minors); laws designed to prevent Medicaid fraud; and food and drug safety regulations. The latter are being invoked on the premise that hormone therapy, being a drug, is being misused. California’s Attorney General,Rob Bonta,has vehemently dismissed these legal interpretations,characterizing the administration’s actions as politically motivated rather than legally sound.
A White House statement asserted the President’s authority to halt treatments described as “mutilation and chemical castration of children,” expressing confidence in prevailing in legal challenges.
The lawsuit filed by California and other participating states seeks a judicial injunction to prevent the federal government from utilizing these laws to investigate and intimidate healthcare providers. The ultimate goal is to create a secure environment that allows hospitals to reinstate gender-affirming care for minors.
