States Fight Back Against Limits on Gender Care for Youth

A group of states is pushing back against a recent move by the U. S. Department of Health and Human Services (HHS) that could make it harder for young people to get gender-affirming care. Maine is one of 19 states and the District of Columbia that filed a lawsuit on Tuesday. They are challenging a declaration made by HHS that says treatments like puberty blockers, hormone therapy, and surgeries are not safe or effective for young people experiencing gender dysphoria. The declaration also warns doctors that they could lose access to federal health programs like Medicare and Medicaid if they provide these treatments. This comes at a time when HHS is also proposing new rules that could further restrict gender-affirming care for young people. The lawsuit does not address these proposed rules because they are not yet final. The lawsuit, filed in a federal court in Oregon, argues that the declaration is not accurate and is not following the law. It asks the court to stop the declaration from being enforced. This is part of a bigger fight between the government, which is trying to limit transgender health care for children, and advocates who say this care is necessary and should not be restricted. New York Attorney General Letitia James, who led the lawsuit, said that the HHS secretary cannot change medical standards by just posting a document online. She also said that no one should lose access to necessary health care because of government interference.The lawsuit also argues that the declaration is trying to pressure doctors to stop providing gender-affirming care and that it is not following the legal process for changing health policies. Federal law requires the public to be given notice and a chance to comment before making big changes to health policy. The lawsuit says this did not happen before the declaration was issued. HHS also proposed two new rules on Thursday. One would cut off federal funding from hospitals that provide gender-affirming care to children. The other would stop federal Medicaid dollars from being used for these procedures. These rules are not final yet and must go through a long process before they can become permanent. However, they are likely to make health care providers hesitant to offer gender-affirming care to children. Several major medical providers have already stopped offering gender-affirming care for young patients since the new administration took office. This is happening even in states where the care is legal and protected by state law. Currently, Medicaid programs in about half of the states cover gender-affirming care. At least 27 states have laws that restrict or ban this care. The Supreme Court's recent decision to uphold Tennessee's ban means that most other state laws are likely to stay in place. The lawsuit was joined by Democratic 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. Pennsylvania's Democratic governor also joined.