Michigan has filed a lawsuit alongside 19 other states against the Trump Administration, challenging a recent declaration that categorizes care for transgender youth as unsafe and ineffective. This legal action targets the U.S. Department of Health and Human Services, Secretary Robert F. Kennedy Jr., and HHS Inspector General Thomas Bell. The lawsuit was officially lodged in Oregon.
The declaration, issued on December 18, 2023, proposes new regulations aimed at limiting hospitals’ ability to provide gender-affirming care, which includes puberty blockers, cross-sex hormones, and surgical procedures. Michigan Attorney General Dana Nessel stated that the declaration unlawfully undermines “essential healthcare for transgender youth,” emphasizing that it imposes federal overreach in a domain typically governed by state law.
Legal and Health Implications
The lawsuit contends that the declaration not only alters established medical standards but also infringes on states’ rights to regulate healthcare. Historically, states have been granted the authority to oversee medical practices, and federal law mandates that agencies provide public notice and an opportunity for public commentary prior to enacting significant changes to healthcare policy.
The proposed regulations have not yet been enacted, and the public has until February 17, 2026, to submit comments. Should these regulations take effect, they would prohibit hospitals from receiving Medicare or Medicaid payments for gender-affirming procedures. Instead, the declaration suggests that talk therapy be the primary treatment for children grappling with gender dysphoria.
Critics argue that even without the regulations becoming permanent, the declaration could dissuade healthcare providers from offering necessary gender-affirming care to minors. As of now, at least 27 states have instituted laws either restricting or banning such care for children.
Controversy Surrounding the Declaration
The declaration cites a peer-reviewed report conducted by the Department of Health and Human Services as a basis for its claims regarding the safety of gender-affirming procedures. Released in late November, this report has faced significant backlash from major medical organizations and professionals involved in transgender healthcare, who describe it as flawed and misleading.
Despite these developments, many prominent U.S. medical organizations, including the American Medical Association, continue to oppose restrictions on transgender care for young people. Their stance highlights an ongoing debate within the medical community regarding the best approaches to support transgender youth.
As this legal battle unfolds, the implications for healthcare access and the rights of transgender individuals remain critical topics of discussion across the United States.
