A coalition of 19 Democratic-led states and the District of Columbia has⁣ filed a lawsuit​ against the U.S. Department of Health‍ and Human⁢ services​ (HHS), ​challenging a recent ‌declaration by Health ​and human​ Services Secretary Robert⁢ F. Kennedy Jr.that effectively rejects ⁢gender-affirming care. The lawsuit alleges that Kennedy’s declaration is an overreach of his authority.

The ‌core⁤ of the dispute centers on kennedy’s assertion that ‍gender-affirming‍ care, including hormone therapy and‍ surgeries, does not meet established medical standards​ of care. The lawsuit argues‍ this declaration circumvents the standard administrative procedure requiring public‍ notice and comment periods before​ implementing​ new regulations. Furthermore, the plaintiffs contend Kennedy ‌exceeded the‌ authority granted to‌ HHS by‌ Congress‍ in attempting‍ to ⁢unilaterally define ​medical standards ​of care.

Background: The HHS ⁣Declaration

On December 18,​ 2025, Secretary Kennedy Jr. ⁤issued a statement ‍outlining the HHS​ position, effectively signaling a​ shift in federal policy regarding gender-affirming care. ​This‍ declaration does not explicitly ban gender-affirming ‌care, but it casts doubt on ⁣its medical necessity and could lead to restrictions in coverage by federal healthcare programs like Medicare​ and Medicaid. The statement ‌relies on interpretations of existing regulations and claims that certain gender-affirming procedures lack sufficient evidence of long-term ⁣benefit.

The HHS declaration specifically⁣ targets care for​ transgender and gender non-conforming individuals,raising concerns about access to essential healthcare services. The ⁤timing of the declaration has been criticized as politically ⁢motivated, coming at‍ the end of⁤ a year marked by increased legislative efforts to restrict transgender ⁣rights across several⁣ states.

Plaintiffs and Arguments

The states and D.C. ⁢involved in the lawsuit-California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, ‍Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, and the District of​ Columbia-argue that the HHS declaration violates the Administrative Procedure Act (APA).‍ The APA requires ⁢federal agencies to follow​ specific procedures when creating and implementing​ regulations, including⁣ providing opportunities for public ⁢input.

The lawsuit also raises concerns about equal protection ​under the law,⁢ arguing that ‍the ⁣HHS declaration discriminates against transgender and gender non-conforming individuals. ‍ Plaintiffs assert that denying access to medically necessary care based on​ gender identity is a violation of constitutional rights.

Condemnation from Medical Organizations

A number of​ organizations have⁤ publicly condemned the HHS declaration. The Children’s Hospital Association expressed strong opposition, ‍citing the potential harm to children ​and​ adolescents seeking gender-affirming care. the American Academy of ​Pediatrics also released⁣ a statement criticizing the move, ⁤emphasizing the importance⁢ of evidence-based medical care for transgender ‍youth. ​ Physicians for ​Reproductive⁣ Health similarly condemned the crackdown, framing it as an ⁢attack on bodily autonomy and ​healthcare access.

Potential Impact and ​Next Steps

The outcome of this lawsuit could have meaningful ⁤implications for access to gender-affirming ⁣care across⁢ the United States. A favorable ruling for⁤ the plaintiffs would likely invalidate the HHS⁤ declaration and‍ prevent the federal government from implementing ⁣similar restrictions without following proper administrative‍ procedures. Conversely, a ruling in favor of the HHS could embolden further ⁣efforts to limit‌ access to‌ care‍ for transgender individuals.

The case is‍ expected to ⁢be heard⁤ in the U.S. District Court for the ‍District of​ Columbia. Legal experts anticipate​ a lengthy legal battle,