Michigan has joined a coalition of 19 states in filing a lawsuit against the Trump Administration over a controversial declaration that labels care for transgender youth as unsafe and ineffective. The suit, lodged in Oregon, names the U.S. Department of Health and Human Services (HHS), along with HHS Secretary Robert F. Kennedy Jr. and HHS Inspector General Thomas Bell as defendants.
The declaration, issued on December 18, 2023, outlines proposed regulations that would restrict hospitals from providing gender-affirming care, including puberty blockers, cross-sex hormones, and surgical procedures. Michigan Attorney General Dana Nessel criticized the declaration, asserting that it unlawfully attacks “essential healthcare for transgender youth.”
Legal Challenges to Federal Regulation
The lawsuit argues that the declaration improperly alters established medical standards and infringes on states’ rights to regulate healthcare. Historically, states have exercised authority over medical practices, and federal law mandates that agencies provide public notice and allow for public comment before implementing changes to healthcare policy. According to the announcement, the public will have until February 17, 2026 to submit comments regarding the proposed regulations.
If enacted, these regulations would prevent hospitals from receiving Medicare or Medicaid funding if they offer gender-affirming treatments. Instead, the declaration suggests that talk therapy should be the primary treatment for children experiencing gender dysphoria.
Despite the proposed regulations not yet being in effect, there are concerns that the declaration could deter healthcare providers from offering gender-affirming care to minors. This issue is particularly pressing as at least 27 states have already passed laws that restrict or ban such care for children.
Controversy Over Medical Evidence
The Trump Administration’s declaration cites a peer-reviewed report conducted by the department as justification for deeming gender-affirming procedures unsafe. Released in late November, the report has faced significant criticism from leading medical organizations and professionals who provide care for transgender minors, who argue that its findings are inaccurate.
Major U.S. medical groups, including the American Medical Association, continue to oppose restrictions on transgender care for young people. These organizations emphasize the importance of comprehensive medical care tailored to the needs of transgender youth, advocating for evidence-based practices that support their well-being.
As the legal battle unfolds, the implications for transgender healthcare in the United States remain significant, with many advocates and healthcare professionals closely monitoring the developments.
