Michigan has joined a coalition of 19 states in a lawsuit against the Trump Administration challenging a recent declaration that labels care for transgender youth as unsafe and ineffective. The legal action, filed in Oregon, names the U.S. Department of Health and Human Services (HHS), HHS Secretary Robert F. Kennedy Jr., and HHS Inspector General Thomas Bell as defendants.
The controversial declaration, released on December 18, 2023, proposed new regulations intended to restrict hospitals from providing gender-affirming care. This includes services such as puberty blockers, cross-sex hormones, and surgical procedures. Michigan Attorney General Dana Nessel stated that the declaration unlawfully attacks “essential healthcare for transgender youth” in a press release that accompanied the announcement of the lawsuit.
The lawsuit asserts that the declaration improperly alters established medical standards and undermines the authority of states to regulate healthcare practices. Historically, states have held this power, and federal law mandates that agencies provide public notice and allow public comment before making changes to healthcare policies. The proposed regulations have not yet gone into effect, and the public has until February 17, 2026, to submit comments regarding the changes.
In addition to barring hospitals from receiving Medicare or Medicaid payments for providing gender-affirming procedures, the declaration recommends that talk therapy serve as the primary treatment for children experiencing gender dysphoria. Before these proposed regulations can be enacted permanently, they must undergo a comprehensive rulemaking process, which includes a public comment period.
Concerns have been raised that even without formal adoption, the declaration could deter healthcare providers from offering gender-affirming care to minors. According to a report by NPR, 27 states have already enacted laws restricting or banning such care for children.
The declaration cites a peer-reviewed report conducted by the HHS as justification for deeming gender-affirming procedures unsafe. Released in late November, this report has faced criticism from major medical groups and professionals who provide care for transgender children, labeling it as inaccurate. Prominent organizations, including the American Medical Association, continue to oppose restrictions on transgender care for young individuals.
As the lawsuit unfolds, it highlights the ongoing national debate over transgender rights and healthcare access for youth, which remains a pivotal issue across the United States. The outcome could have significant implications for healthcare providers and families navigating the complex landscape of gender-affirming care.
