States Challenge Trump Administration’s Actions on Trans Youth Care
A coalition of Democratic state attorneys general has initiated legal action against the Trump administration, contesting efforts to investigate medical professionals who provide gender identity care to transgender youth. The lawsuit, filed in a federal court in Boston on March 3, 2023, argues that actions taken by the Department of Justice (DOJ) and an executive order signed by President Donald Trump are unlawful and should be permanently blocked.
The executive order, signed in late January 2023, specifically targets medical procedures that involve surgical interventions or the administration of puberty blockers and sex hormones to individuals under the age of 19. According to the attorneys general, Trump’s directives have created a chilling effect, discouraging healthcare providers from delivering gender-affirming care, which they assert is both lawful and protected in their states.
The complaint states, “The administration has explicitly threatened civil and criminal prosecution of providers of this care and launched criminal investigations into children’s hospitals,” without adequate justification. This lawsuit arrives as advocates for transgender youth increasingly seek relief through federal courts against a range of actions taken by the administration to restrict access to gender identity care and diminish transgender rights.
The executive order directs the DOJ to investigate states that permit gender-affirming procedures and to scrutinize the enforcement of U.S. laws that prohibit female genital mutilation on minors. Earlier in March, the DOJ revealed it had issued more than 20 subpoenas to various doctors and clinics involved in providing transgender medical procedures to children, although it did not disclose specific details about those targeted.
The attorneys general assert that “these threats have no basis in law,” noting that no federal law exists that prohibits or criminalizes the provision of gender-affirming care for transgender adolescents. The lawsuit highlights a broader national conversation, with over two dozen states reportedly passing bans on transgender care for minors, as indicated by an analysis from the Movement Advancement Project, a nonprofit organization advocating for LGBTQ rights. These bans range from prohibiting puberty blockers and hormone therapy to restricting surgeries, which are infrequently performed on minors.
In contrast, the states participating in this lawsuit have enacted protective measures to ensure access to gender-affirming medical care for their residents. The attorneys general contend that Trump’s actions infringe upon states’ authority to regulate medical practices and their judgment that adolescents should have access to this essential care.
The coalition includes attorneys general from states such as New York, Massachusetts, Illinois, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, Rhode Island, Wisconsin, and Washington, D.C.. Notably, Pennsylvania Democratic Governor Josh Shapiro is also a plaintiff in this case.
Major medical organizations, including the American Medical Association, the American Psychiatric Association, the Endocrine Society, the American Psychological Association, the American Academy of Pediatrics, and the American Academy of Child & Adolescent Psychiatry, advocate for the practice of gender identity care. These organizations assert that such care is clinically appropriate and can provide life-saving treatment for children and adults alike.
As this legal battle unfolds, the implications will be significant not only for the healthcare landscape but also for the rights and well-being of transgender youth across the United States.
