URGENT UPDATE: A coalition of 19 states and the District of Columbia has just filed a lawsuit against the U.S. Department of Health and Human Services (HHS), Secretary Robert F. Kennedy Jr., and the HHS Inspector General over a controversial declaration affecting youth gender-affirming care. This lawsuit, lodged in the U.S. District Court in Eugene, Oregon, comes in response to a declaration issued on October 12, 2025, labeling treatments like puberty blockers, hormone therapy, and surgeries as unsafe and ineffective for young people experiencing gender dysphoria.
The declaration threatens to restrict access to these essential services, warning healthcare providers they may be cut off from federal health programs like Medicaid and Medicare if they continue to offer gender-affirming care. This move has sparked outrage among advocates who argue that such care is medically necessary and should not be hindered by government interference.
New York Attorney General Letitia James, who is leading the lawsuit, stated,
“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 lawsuit asserts that the HHS declaration is both inaccurate and unlawful, aiming to pressure healthcare providers into ceasing these critical services. It emphasizes that federal law mandates public notice and comment before any significant changes to health policy, which did not occur before this declaration was made.
The HHS declaration cites a peer-reviewed report urging a shift towards behavioral therapy rather than extensive gender-affirming care for youth. Critics, including major medical organizations, have denounced the report as flawed and unrepresentative of current medical standards. Most prominent U.S. medical associations, such as the American Medical Association, oppose restrictions on gender-affirming care, maintaining that such treatments are vital for the well-being of transgender youth.
This lawsuit is part of a broader trend of escalating tensions between the Biden administration’s regulatory efforts on transgender healthcare and advocates seeking to protect access to necessary medical treatments for young people. The recent declaration is part of a multifaceted strategy to limit gender-affirming care for children and teenagers, building upon previous efforts from the Trump administration to target transgender rights across the nation.
Alongside the declaration, HHS announced proposed rules to further limit funding for gender-affirming care through federal programs. While these proposals are not yet finalized and require a lengthy rulemaking process, they represent a significant shift that may deter healthcare providers from offering these services, even in states where such care is legally protected.
Currently, Medicaid programs in just under half of the states provide coverage for gender-affirming care, and at least 27 states have enacted laws restricting or banning such treatments. The recent Supreme Court ruling upholding Tennessee’s ban on gender-affirming care indicates that similar laws may remain in place across the country.
Joining Attorney General James in the lawsuit are Democratic attorneys general from states including 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.
As this situation develops, the implications for young people seeking gender-affirming care remain critical. Advocates are urging immediate action to protect access to necessary healthcare, as this legal battle unfolds. Stay tuned for more updates on this urgent and evolving story.
