A group of transgender youths, their parents, the advocacy group PFLAG and medical providers sued Donald Trump on February 4 over two executive orders he put into place to end gender-affirming care for minors.
Though he cannot outlaw the treatments outright, his orders come with a threat to any medical school or hospital continuing to provide the service. He states that he will be removing federal funding from these institutions should they continue to provide gender-affirming care to any individuals under the age of 19. This order also allows the Department of Justice to pursue criminal and civil prosecution against providers.
A few institutions have already ceased to provide care, including NYU Langone Health, and Denver Health, who say in a statement on their website, “The loss of this funding would critically impair our ability to provide care for the Denver community.” The effects of this are already being felt by the transgender community. One case involves a family that left Tennessee after they implemented laws against gender affirming care, wherein the family fled to Maryland. Unfortunately, right before it was time for the appointment for their daughter, Willow, the executive order was signed, and Virginia Commonwealth University reneged on the appointment, stating they wouldn’t be able to provide Willow with care.
There have also been incidents involving puberty blockers for younger trans patients, causing great distress for trans youth. Though Trump’s executive orders do not yet equate to a nationwide ban, hospitals are restricting the care out of fear. These hospitals may face problems, however, as this is discrimination. In New York, State Attorney General Letitia James issued a statement to healthcare providers, stating, “Electing to refuse services to a class of individuals based on their protected status, such as withholding the availability of services from transgender individuals based on their gender identity or their diagnosis of gender dysphoria, while offering such services to cisgender individuals, is discrimination under New York law.”
The lawsuit is being filed by the ACLU, Lambda Legal, and law firms Hogan Lovells and Jenner & Block. They argue that it is not within the president’s power to withhold funds from these institutions, rather that it would be a Congressional decision. The complaint argues that the order denies healthcare on the “basis of sex,” which has proven to hold up in court. This is especially evident, as these treatments are still available to cisgender children; puberty blockers for those beginning puberty too early, or testosterone or estrogen for those with hormone deficiencies.
Though these orders have not fully gone into effect, they do cause fear, which is exactly what the current administration hopes for. Harper Seldin, the senior staff attorney at ACLU’s LGBTQ+ and HIV Project states, “I think the point of these executive orders in this climate is to make people’s lives feel small and isolated and fearful. The way to push back against that and resist that is to be in community and to make our lives bigger.”
