States Fight Back Against Limits on Gender Care for Youth

A group of states is challenging a recent HHS declaration that could limit access to gender-affirming care for young people.

The Lawsuit

• Plaintiffs: Maine and 19 other states plus the District of Columbia
• Filed: Tuesday in a federal court in Oregon
• Target: HHS declaration stating treatments like puberty blockers, hormone therapy, and surgeries are not safe or effective for young people with gender dysphoria

The Declaration's Impact

• Warns doctors of potential loss of access to federal health programs like Medicare and Medicaid if they provide these treatments
• Comes alongside proposed rules that could further restrict gender-affirming care for young people

The Argument

• The lawsuit contends the declaration is inaccurate and unlawful
• Argues the declaration pressures doctors to stop providing gender-affirming care
• Claims the declaration bypassed the legal process for changing health policies, which requires public notice and comment

New Proposed Rules

• Rule 1: Cut off federal funding from hospitals providing gender-affirming care to children
• Rule 2: Stop federal Medicaid dollars from being used for these procedures
• Status: Not final yet; must go through a long process before becoming permanent

Current Landscape

• Several major medical providers have already stopped offering gender-affirming care for young patients
• Medicaid programs in about half of the states cover gender-affirming care
• At least 27 states have laws that restrict or ban this care
• Supreme Court's recent decision to uphold Tennessee's ban means most other state laws are likely to stay in place

Supporters of the Lawsuit

• Democratic attorneys general from:
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New Mexico
• Oregon
• Rhode Island
• Vermont
• Wisconsin
• Washington
• District of Columbia
• Pennsylvania's Democratic governor