Democratic attorneys general sued the Trump administration over its efforts to stop gender-transition drugs and surgery for youth, accusing the federal government of infringing on states’ rights and denying patients “medically necessary health care.”
The federal lawsuit filed Friday challenged President Trump’s Jan. 28 executive order, “Protecting Children from Chemical and Surgical Mutilation,” and the Justice Department’s subsequent directives on investigating clinicians for possible fraud.
The Trump administration has threatened to cut off federal funding to hospitals that offer “gender-affirming care” to those under 19, prompting prominent gender clinics in California, Illinois, the District of Columbia and elsewhere to curtail or suspend services.
“The Trump Administration’s unlawful threats have not only undermined State rights but have directly contributed to diminishing access to gender-affirming care,” said California Attorney General Rob Bonta in a statement. “These actions have created a chilling effect in which providers are pressured to scale back on their care for fear of prosecution, leaving countless individuals without the critical care they need and are entitled to under law.”
The lawsuit was filed by 16 Democratic attorneys general and Democratic Gov. Josh Shapiro of Pennsylvania. Pennsylvania’s attorney general, Dave Sunday, is a Republican.
The complaint led by the attorneys general of California, Connecticut, Illinois, New York and Massachusetts was filed in U.S. District Court for the District of Massachusetts. California has filed 37 lawsuits against the Trump administration.
In their latest complaint, the Democrats argued that Mr. Trump’s executive order defines those under 19 as children, even though 18 is recognized nationwide as the age of adulthood.
“Forcing adolescents diagnosed with gender dysphoria to wait until they turn 19 to access medically necessary health care services can cause significant harm,” said the 79-page complaint. “Not only are they denied medical treatment that could alleviate their anxiety, depression and other symptoms of their clinically diagnosed gender dysphoria, but their clinical distress is also likely to worsen while they wait.”
Puberty blockers are commonly prescribed for adolescents seeking to stave off the physical changes associated with pubescence, but by age 19 such drugs would be pointless.
“That experience may amplify their gender dysphoria and may unnecessarily increase the costs and complications associated with obtaining such health care after they turn 19,” the lawsuit said.
The lawsuit said the Trump administration’s actions violate the 10th Amendment, which reserves all powers not delegated to the federal government to the states, as well as the Administrative Procedures Act by failing to proceed through the congressional or rulemaking process.
The Justice Department announced in July that it has issued more than 20 subpoenas to hospitals and doctors involved in performing gender-transition procedures on children as part of an investigation into possible health care fraud.
“Medical professionals and organizations that mutilated children in the service of a warped ideology will be held accountable by this Department of Justice,” said Attorney General Pamela Bondi in a July 9 statement.
The investigation followed her April 22 memorandum on investigating gender-transition treatment for minors as possible violations of laws against female-genital mutilation, as well as a June 11 directive to civil division employees from Assistant Attorney General Brett Shumate.
More than half of the states ban gender-transition drugs or surgery, or both, for those under 18, but the blue states argued that their anti-discrimination laws cover children and adults seeking medicalized “gender-affirming care.”
“The effects of these federal actions will render many State agencies unable to fulfill their legal duty,” the complaint said. “Additionally, it will force state agencies to treat transgender adolescents seeking this medically necessary care differently from adolescents seeking other forms of medically necessary health care, in violation of state laws and regulations.”
The administration’s actions violate the 10th Amendment, which reserves all powers not delegated to the federal government to the states, as well as the Administrative Procedures Act by failing to proceed through the congressional or rulemaking process, the lawsuit said.
New York Attorney General Letitia James said the administration’s crackdown has had an impact, citing reports that major health systems in her state are canceling appointments for minors seeking “gender-affirming care.”
“This administration is ruthlessly targeting young people who already face immense barriers just to be seen and heard, and are putting countless lives at risk in the process,” she said in a statement.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.