A coalition of 18 states on Tuesday filed a lawsuit to block the Trump administration from protecting children from sex-rejecting, mutilating procedures.
Health Secretary Robert F. Kennedy Jr., at a Protecting Children event on December 18, announced multiple regulatory actions the Department of Health and Human Services (HHS) would take to protect children from “transgender” medical interventions.
The department is working to fulfill President Trump’s executive order, signed on January 28, 2025, Protecting Children from Chemical and Surgical Mutilation.
The secretary revealed that earlier on Dec. 18, he signed a declaration: “Sex-rejecting procedures are neither safe nor effective treatment for children with gender dysphoria.” It establishes new standards of care and rules out interventions like puberty blockers, opposite-sex hormones and surgeries, which “fail to meet” those standards.
The secretary may “exclude individuals or entities from participation in any Federal health care program” if they fail to comply with the declaration.
Secretary Kennedy drew from a comprehensive review, which HHS released earlier this year, of the evidence for treating children with gender dysphoria. It found there is “very weak evidence of benefit” for “medical interventions, such as puberty blockers, cross-sex hormones, and surgeries, that attempt to transition children and adolescents away from their sex.”
The Centers for Medicare & Medicaid Services (CMS) is also proposing a rule barring hospitals from performing sex-rejecting procedures on children under age 18 as a condition of participation in Medicare and Medicaid programs. Nearly all U.S. hospitals participate Medicare and Medicaid.
“This proposal seeks to clarify that hospitals participating in our programs cannot conduct these unproven procedures on children,” said CMS Administrator Dr. Mehmet Oz in a press release. “CMS will ensure that federal program standards reflect our responsibility to promote the health and safety of children.”
The lawsuit, filed in the U.S. District Court for the District of Oregon, is led by the attorneys general of New York, Oregon, and Washington.
It argues the Kennedy Declaration “exceeds the Secretary’s authority and violates the Administrative Procedure Act and the Medicare and Medicaid statutes.” The attorneys general are asking the court to strike down the declaration and prevent the Trump administration from enforcing it.
“Secretary Kennedy cannot unilaterally change medical standards by posting a document online” New York Attorney General Letitia James said in a statement. “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.”
Joining the lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.
At the Protecting Children event, Fox News’ Chief Washington Correspondent Mike Emanuel asked Kennedy about the possibility of Democrat-led states and LGBT-activist groups filing lawsuits against HHS’ actions, tying the administration up in court for the next several years.
“I think that’s going to happen,” Kennedy replied, joking, “The number of lawsuits with my name on it right now is almost beyond counting.”
“We know what we’re doing is legal,” he added. “And if people sue us, they’re welcome to, but we’re going to win the lawsuits.”
The Trump administration is exactly right – and deserves commendation – for protecting children from damaging and mutilating transgender medical interventions. Let’s hope and pray it quickly prevails in court.
Daily Citizen is a news division of Focus on the Family that provides a faith-based perspective to counter the mainstream media’s anti-Christian bias.
