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States Sue Trump Administration Over Gender Identity Care Restrictions

A coalition of Democratic state attorneys general has initiated a lawsuit against the Trump administration, challenging recent efforts to restrict gender identity care for transgender youth. The lawsuit, filed in federal court in Boston on March 15, 2024, asserts that an executive order signed by President Donald Trump in late January and subsequent actions by the Department of Justice (DOJ) are unlawful and infringe upon states’ rights.

The executive order specifically targets medical procedures related to gender transition, including surgical interventions and the use of puberty blockers or hormones for individuals under the age of 19. According to the complaint, these actions have effectively deterred healthcare providers from offering gender-affirming care, which remains lawful in many states.

Attorneys general from states including New York, Massachusetts, and Illinois argue that the administration’s threats of civil and criminal prosecution against medical professionals are baseless. The complaint states, “Without any reason to believe those hospitals have violated the statutes being invoked, the administration has explicitly threatened civil and criminal prosecution of providers of this care.”

As advocacy groups for transgender youth seek legal recourse, the lawsuit aims to halt a series of actions taken by Trump since assuming office. Among these was the directive for the DOJ to investigate states that permit gender-affirming procedures and review enforcement of laws related to female genital mutilation on minors.

The DOJ revealed earlier this month that it had issued over 20 subpoenas to healthcare providers involved in administering transgender medical procedures. However, the specific individuals or entities targeted remain undisclosed. The attorneys general contend that “no federal law prohibits, much less criminalizes, the provision or receipt of gender-affirming care for transgender adolescents.”

The Movement Advancement Project, a nonprofit think tank that advocates for LGBTQ rights, reported that more than two dozen states have enacted bans on transgender care for minors. These bans encompass a range of treatments, from puberty blockers and hormone therapy to surgeries, which are seldom performed on individuals under 18. Conversely, several of the states involved in the lawsuit have enacted laws to safeguard access to gender identity care for their residents.

The legal action emphasizes that Trump’s directives infringe upon states’ authority to regulate medical practices and their determination that access to such care for adolescents should be protected.

In addition to the attorneys general, Pennsylvania’s Democratic Governor Josh Shapiro is also a plaintiff in the case. The lawsuit is supported by major medical associations, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics, all of which maintain that gender identity care is clinically appropriate and can provide critical support for youth.

The outcome of this lawsuit could have significant implications for the future of gender-affirming care in the United States, as advocacy groups continue to push back against restrictive measures affecting transgender youth.

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