States sue Trump over gender-affirming care for minors

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Sixteen states and Washington, D.C., filed suit against President Donald Trump and the Justice Department on Aug. 1, alleging the Trump administration has illegally blocked necessary medical care for transgender minors. 

The lawsuit cites Mr. Trump’s Jan. 28 executive order to restrict federal funding and support for hospitals that provide gender-affirming care for minors. Since then, several federal agencies have unlawfully targeted gender-affirming care, according to the lawsuit. 

Soon after the executive order was issued, NYU Langone Health in New York City canceled appointments for transgender youths. In April, CMS told state Medicaid agencies to not cover hormone therapies or gender-affirming procedures for individuals 18 or younger. A month later, CMS launched an investigation into an unspecified number of hospitals offering gender-confirming care to children.

The Justice Department, FBI and Federal Trade Commission have also launched efforts to encourage public reporting about hospitals, clinics or practitioners offering gender-affirming surgeries for minors. A growing number of hospitals have ended transgender care programs and procedures. 

In the lawsuit, 16 attorneys general and one governor allege the federal government is encroaching on their state and district laws that ensure gender-affirming care for minors. They also allege “onerous” financial and patient “data demands” from hospitals and healthcare providers. 

Attorneys general from Massachusetts, California, New York, Connecticut, Illinois, Delaware, Hawaii, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, Rhode Island, Wisconsin and Washington, D.C., and the governor of Pennsylvania filed the lawsuit.

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