Lawsuit includes Pennsylvania, New Jersey, and Delaware as parties involved.

In a significant legal move, Pennsylvania and New Jersey, accompanied by 17 other states and the District of Columbia, have filed a lawsuit against the U.S. Department of Health and Human Services (HHS) and its secretary, Robert F. Kennedy Jr. The lawsuit, submitted to U.S. District Court in Eugene, Oregon, centers on a recent declaration from HHS that threatens to restrict access to gender-affirming care for minors.

The declaration, made public last Thursday, characterizes treatments such as puberty blockers, hormone therapy, and gender-affirming surgeries as unsafe and ineffective for children and adolescents experiencing gender dysphoria. This condition involves significant distress stemming from a mismatch between an individual’s gender identity and their sex assigned at birth. Moreover, the declaration cautions healthcare providers that offering these treatments could lead to their exclusion from federal health programs, including Medicare and Medicaid.

In addition to the declaration, HHS recently proposed new regulations intended to further limit gender-affirming care for young people; however, these proposed rules did not figure into the lawsuit since they are not yet finalized. The ongoing legal battle underscores a broader conflict between regulatory efforts perceived to threaten transgender healthcare rights and advocacy organizations arguing for the necessity of such medical services.

The lawsuit contends that the HHS declaration is both unjust and illegal, arguing that it has been issued without the due process mandated by federal law, which typically requires public notice and comment on significant policy changes. The plaintiffs assert that Secretary Kennedy lacks the authority to alter accepted medical standards unilaterally via online declarations.

Legal leaders from across the states involved in the lawsuit, including New York Attorney General Letitia James, emphasize the threat this declaration poses to medically necessary healthcare access for transgender youth. They assert that the declaration seeks to intimidate healthcare providers into ceasing gender-affirming treatments, thus infringing upon the rights of both patients and medical professionals.

The declaration has drawn considerable backlash from major medical organizations, including the American Medical Association, which argue that it undermines established protocols for treating transgender youth. These organizations maintain that the treatment of gender dysphoria is crucial and must remain accessible to young patients.

This legal action comes in the broader context of regulatory shifts under the Trump administration, which has intensified efforts to restrict healthcare for transgender individuals across the country. Presently, Medicaid programs in nearly half of the states cover gender-affirming healthcare, while at least 27 states have enacted laws limiting or outright banning such treatments. The recent Supreme Court decision supporting Tennessee’s ban is likely to perpetuate similar restrictions elsewhere.

With the support of various Democratic attorneys general and Pennsylvania’s Governor Josh Shapiro, the lawsuit signifies a vital challenge against perceived governmental overreach into healthcare that many see as critical for transgender youth. The outcome of this legal confrontation could have lasting implications for the future of gender-affirming care in the United States.

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