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Democratic Attorneys General Challenge Trump Over Trans Care Policies

A coalition of Democratic state attorneys general has initiated a lawsuit against the Trump administration over its recent actions targeting medical professionals who provide gender identity care to transgender youth and young adults. The complaint was filed on March 3, 2024, in a federal court in Boston, claiming that an executive order signed by President Donald Trump in late January, along with subsequent actions by the Department of Justice (DOJ), are unlawful and should be permanently blocked.

The executive order specifically focuses on medical procedures intended to alter sex or gender, particularly surgical interventions and the use of puberty blockers or sex hormones for individuals under the age of 19. The attorneys general assert that the administration’s actions have effectively discouraged healthcare providers from offering lawful and necessary gender-affirming care to young individuals.

According to the lawsuit, “The administration has explicitly threatened civil and criminal prosecution of providers of this care and launched criminal investigations into children’s hospitals,” without evidence that these hospitals violated any existing statutes. This legal action comes amid a broader push by advocates for trans youth to counteract a series of measures taken by Trump since his return to the White House aimed at limiting access to gender identity care and curtailing trans rights.

The executive order also directs the DOJ to investigate states that permit gender-affirming procedures and to review the enforcement of U.S. laws concerning female genital mutilation in minors. Earlier this month, the DOJ reported that it had issued over 20 subpoenas to doctors and clinics involved in transgender medical procedures for children, though specific details about the recipients of the subpoenas were not disclosed.

The attorneys general argue that “These threats have no basis in law. No federal law prohibits, much less criminalizes, the provision or receipt of gender-affirming care for transgender adolescents.” They highlight that more than two dozen states have enacted bans on transgender care for minors, which includes restrictions on puberty blockers, hormone therapy, and surgeries—procedures that are rarely conducted on minors.

In contrast, several states, including those involved in the lawsuit, have implemented laws to protect access to gender-affirming care for their residents. The lawsuit contends that Trump’s actions infringe upon states’ authority to regulate medical practices and their determination that access to this type of medical care for adolescents should be safeguarded.

The coalition of attorneys general includes representatives from New York, Massachusetts, Illinois, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, Rhode Island, Wisconsin, and Washington, D.C. Additionally, Pennsylvania Democratic Governor Josh Shapiro is listed as a plaintiff in the case.

Major medical organizations, such as the American Medical Association, the American Psychiatric Association, the Endocrine Society, and the American Academy of Pediatrics, continue to advocate for gender identity care. These associations affirm that such care is clinically appropriate and can be life-saving for children and adolescents.

As this legal battle unfolds, the outcome will not only impact medical professionals but also the rights and access to care for transgender youth across the United States. The ongoing discourse surrounding gender identity care highlights the broader societal discussions about trans rights and healthcare access, emphasizing the significant implications for individuals and families navigating these complex issues.

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