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,