Judge rules US government overreached with transgender health care declaration
PORTLAND, Ore. — A federal judge said the government overstepped the mark by issuing a statement calling treatments such as puberty blockers and surgeries dangerous and ineffective for young people with gender dysphoria, according to a ruling Thursday in Oregon.
Judge Mustafa Kasubhai’s ruling centered on Secretary Robert F. Kennedy Jr.’s failure to follow proper administrative procedures when issuing the declaration in December. The statement also warned doctors that they could be excluded from federal health programs like Medicare and Medicaid if they provided these treatments.
The judge also denied the defendants’ motion to dismiss the case.
The judge’s decision came after a hearing of approximately six hours and will be followed by a written decision.
“Today’s victory cuts through the noise and brings needed clarity to patients, families and providers,” Democratic New York Attorney General Letitia James, who led the lawsuit, said in a statement Thursday. “Health services for transgender youth remain legal and the federal government cannot intimidate or punish providers who provide them. »
An HHS spokesperson did not immediately respond to an email seeking comment.
The New York Times reported that the judge discussed the broader implications associated with the case, particularly regarding democracy.
“The idea that ‘I’m going to go ahead and put out a statement and see if we can work it out’ is not a principle of governance that adheres to the overarching commitment to a democratic republic which requires that the rule of law be regarded, respected and honored as sacred,” the judge said.
The ruling marks the second major legal setback for Kennedy and the U.S. Department of Health and Human Services this week. On Monday, another federal judge in Boston temporarily blocked several changes Kennedy made to vaccine policy. The judge ruled that Kennedy likely violated federal procedures by reorganizing a key vaccine advisory committee and reducing the childhood vaccination schedule without the committee’s input. Federal authorities have indicated they plan to appeal the decision.
In December, a coalition of 19 states and the District of Columbia sued HHS, Kennedy and his inspector general over the declaration, alleging it was inaccurate and illegal and asking the court to block its enforcement.
The lawsuit says the HHS statement is intended to force providers to stop providing gender-affirming care and circumvent legal requirements for policy changes. It also says federal law requires the public to be informed and given an opportunity to comment before making any substantial changes to health policy — which the suit says was not done before the statement was issued.
The HHS statement based its findings on a peer-reviewed report the department completed earlier this year, which called for greater use of behavioral therapy rather than widespread gender-affirming care for young people with gender dysphoria.
The report questions standards for treating transgender youth issued by the World Professional Association for Transgender Health and raises concerns that adolescents may be too young to consent to life-changing treatments that could lead to future infertility.
Major medical groups and those who treat transgender youth have sharply criticized the report as inaccurate, and most major U.S. medical organizations, including the American Medical Association, continue to oppose restrictions on transgender care and services for youth.
