A federal judge in Oregon on March 19 blocked a “declaration” issued by the Trump administration’s Department of Health and Human Services (HHS) in which Secretary Robert F. Kennedy, Jr., broadly attacked gender-affirming care for youth and falsely proclaimed that such care is not safe or effective.
In December, more than a dozen states — including New York — and the District of Columbia sued HHS over the declaration, arguing that the secretary ignored legal requirements and overstepped his power to influence medical policy by attempting to set new medical standards — a violation of the Administrative Procedures Act, they said.
The health secretary issued the declaration on Dec. 18, stating in part that “sex-rejecting procedures for children and adolescents are neither safe nor effective as a treatment modality for gender dysphoria” and “fail to meet professional recognized standards of health care.”
The secretary’s declaration was originally issued on the same day that HHS announced proposed rules stipulating that the Centers for Medicare and Medicaid Services would require hospitals participating in Medicare and Medicaid programs to stop providing gender-affirming care for individuals under the age of 18 and federal Medicaid funding for gender-affirming care for minors. The proposal would also apply to federal Children’s Health Insurance Program (CHIP) funding for gender-affirming care procedures on individuals under age 19, the Trump administration said.
While the proposed rules could become law following a minimum waiting period, the secretary’s declaration appeared to be more immediate, stating that it “supersedes ‘Statewide or national standards of care…'”
During what the New York Times described as a six-hour hearing on March 19 in Eugene, Oregon, the Trump administration argued that the declaration was non-binding and based on the secretary’s opinion.
US District Court Judge Mustafa Kasubhai was dismissive of the government’s argument.
“The notion that ‘I will go forward and issue a declaration and see if we can get away with it’ is not a principle of governance that adheres to the overarching commitment to a democratic republic that requires the rule of law to be regarded and respected and honored as a sacred,” the judge said, according to the New York Times.
The latest ruling was welcomed by New York Attorney General Letitia James.
“So much of the conversation around transgender health care has lost sight of the real people harmed by the federal government’s attacks,” James said in a written statement. “Young people are losing access to life-saving treatment, families are being left in the dark, and medical providers are being threatened just for doing their jobs and following standards of care.
James added: “Today’s win breaks through the noise and gives some needed clarity to patients, families, and providers. Health care services for transgender young people remain legal, and the federal government cannot intimidate or punish the providers who offer them. It is my duty and my privilege to stand with trans New Yorkers and their families. I will always fight for the LGBTQ+ community.”
HHS did not immediately respond to a request for comment on March 20.
