Following last week's HHS declaration deeming gender-affirming treatments for minors unsafe, a coalition of 19 states and the District of Columbia filed a federal lawsuit Tuesday challenging the move. Led by New York Attorney General Letitia James in Oregon federal court, the suit argues the declaration unlawfully bypasses medical standards and risks excluding providers from Medicare and Medicaid.
The lawsuit, filed in federal court in Eugene, Oregon, targets an HHS declaration issued last Thursday by Secretary Robert F. Kennedy Jr. labeling puberty blockers, hormone therapy, and surgeries for children and adolescents with gender dysphoria as unsafe and ineffective. As detailed in prior coverage of HHS's related proposed rules to cut federal funding for such care, the declaration warns that providers risk exclusion from programs like Medicare and Medicaid.
New York AG Letitia James, leading the coalition, said: "Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors' offices."
The plaintiffs allege the declaration violates the Administrative Procedure Act by skipping public notice and comment, and misrepresents evidence. It references an earlier HHS report favoring behavioral therapy over such interventions due to concerns like infertility and adolescent consent. Major medical groups like the American Medical Association back gender-affirming care despite the report.
Coalition members include attorneys general from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, Washington, and the District of Columbia, plus Pennsylvania Gov. Josh Shapiro.
The suit comes amid HHS proposals to bar Medicaid and CHIP funding for minors' gender-affirming care, following President Trump's executive order. At least 27 states have restricted it, the Supreme Court upheld Tennessee's ban, and Medicaid covers it in under half of states, with some providers already reducing services post-Trump administration return.
