WASHINGTON — A coalition of 19 states and the District of Columbia is suing the federal health department, challenging a recent declaration by Health and Human Services Secretary Robert F. Kennedy Jr. that effectively rejects gender-affirming care as not meeting medical standards. The lawsuit alleges a significant overreach of authority.
States Challenge Federal Ruling on Transgender Healthcare
The legal action claims the Kennedy declaration bypassed essential public review processes and improperly expanded the department’s power.
- The lawsuit argues the declaration sidestepped required public notice and comment periods.
- Plaintiffs contend Kennedy exceeded congressional authority by defining medical standards of care.
- The Trump administration announced a broader crackdown on gender-affirming care last week.
- Legal experts describe the scope of the declaration as “enormous,” potentially impacting numerous healthcare providers.
The legal challenge, filed by Democratic-led states and D.C., asserts that the declaration—which questions the medical necessity of gender-affirming care, including hormones and surgeries—circumvents standard regulatory procedures. The suit further argues that Kennedy overstepped the authority granted to the Department of Health and Human Services by Congress when attempting to establish standards of care. This move throws a wrench into established medical practices and raises serious concerns about access to care for transgender individuals.
“The Kennedy Declaration has immediate, significant, and harmful impacts on the Plaintiff States as administrators of state Medicaid programs and as regulators of the practice of medicine,” the lawsuit states.
Last week, the Trump administration announced a sweeping crackdown on care for transgender youth nationwide. Beyond the declaration, the Department of Health and Human Services (HHS) proposed two rules that would withhold federal funding from entities providing gender-affirming care, and another that would exclude facilities offering such care from Medicare and Medicaid reimbursement.
Kyle Faget, a lawyer with Foley & Lardner LLP, described the scope of Kennedy’s declaration as “enormous.” She explained that it essentially prohibits medical professionals from providing gender-affirming care—even if they deem it appropriate—without risking significant repercussions, potentially excluding them from participating in programs that accept federal funding, even in private practice.
“We’ve never seen a declaration issued like this before. Declarations tend to be issued in public health emergencies. That’s not what they chose to do here,” Faget added.
At a press conference last week, Kennedy dismissed the potential for legal challenges, confidently predicting a victory for the department. HHS did not respond to a request for comment.
Leading medical organizations and healthcare providers specializing in transgender care, alongside families of transgender children, strongly refute Kennedy’s conclusions. They maintain that gender-affirming care is evidence-based and, in many cases, life-saving. Organizations such as the American Academy of Pediatrics, the Children’s Hospital Association, and Physicians for Reproductive Health have publicly condemned the administration’s actions.
