Parents of transgender children join legal efforts to block federal access to medical records from Children’s Hospital of Philadelphia.
Parents of children who have sought gender-affirming care at the Children’s Hospital of Philadelphia (CHOP) are taking legal action to prevent the Trump administration from accessing their medical records through a federal subpoena. This legal endeavor highlights ongoing tensions surrounding healthcare provisions for transgender youth.
On Monday, attorneys from the Public Interest Law Center and the Philadelphia-based firm Ballard Spahr filed a motion in federal court on behalf of five parents and one adult who was treated at CHOP. The motion seeks to limit the subpoena issued by the U.S. Department of Justice (DOJ) in June, asserting that patients have a constitutionally protected right to privacy regarding their medical information. The identities of the clients are not disclosed in the motion.
The legal director of the Public Interest Law Center emphasized the significance of their request, stating that while the case represents a small number of families, the implications extend much further. Included in the motion is a request to void sections of the subpoena that pertain to patient records and identifying details.
The legal battle follows similar actions taken by CHOP, which had previously filed its own motion to limit the scope of the DOJ subpoena. In its appeal, CHOP argued that the DOJ is unfairly targeting a vulnerable demographic grappling with sensitive and personal issues surrounding gender identity. This issue has become increasingly contentious amid a national discourse on transgender rights.
Both motions are under consideration by U.S. District Judge Mark A. Kearney in Philadelphia and are part of a broader struggle occurring nationwide. The DOJ has issued subpoenas not only to CHOP but also to at least 19 other hospitals treating transgender youth, as part of an investigation into potential healthcare fraud or misconduct. These subpoenas are aimed at institutions that provide medical support for individuals under 20 diagnosed with gender dysphoria, a condition where an individual’s physical body does not align with their gender identity.
In a recent ruling, a federal judge in Boston decided in favor of Boston Children’s Hospital, deeming the DOJ’s subpoena overly broad and politically motivated. The judge expressed concerns that the administration has openly criticized the transgender community.
The Trump administration has labeled the administration of puberty blockers and hormones to adolescents as a form of “chemical mutilation,” suggesting it parallels child abuse. Administration officials argue that teenagers lack the maturity to make such significant healthcare decisions.
Conversely, major medical organizations, including the American Academy of Pediatrics, recognize the use of these medications as safe and effective, emphasizing their necessity for the mental health of patients. CHOP asserts that its medical professionals conduct thorough evaluations before prescribing any treatments.
The current DOJ subpoena demands a wealth of sensitive data, including names, dates of birth, Social Security numbers, and addresses of hundreds of patients treated at CHOP’s renowned Gender and Sexuality Development Program since 2020. Additionally, the subpoena requests documentation on how physicians determine the necessity of prescribing medications that assist patients in achieving a body that aligns with their gender identity.
The DOJ has not yet responded to requests for comments regarding this matter, and the judge has set an Oct. 6 deadline for a response to the motion. The outcome of this legal battle could have wide-reaching implications for the future of gender-affirming care in the United States.
As the case develops, it further illustrates the complex interplay between health care, privacy rights, and the ongoing national conversation regarding transgender issues.
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