OAN Staff Blake Wolf
11:23 AM – Friday, December 26, 2025
A coalition of 19 Democrat-led U.S. states, along with Washington, D.C., filed a lawsuit against the U.S. Department of Health and Human Services (HHS) over the agency’s recent declaration announcing an effort to ban “transgender medical care” for minors.
The suit names the HHS, HHS Secretary Robert F. Kennedy Jr. (RFK Jr.), and the HHS Inspector General, following the proposal of tightened restrictions on “sex-rejecting procedures,” which include puberty-blockers and surgical procedures for those under 18.
RFK Jr.’s former declaration, via the HHS, included both a “Declaration on Pediatric Sex-Rejecting Procedures” and other proposed regulatory changes, in addition to a rule that would disqualify medical providers from utilizing Medicare or Medicaid — should they provide these procedures and hormones to minors.
However, the declaration is not yet enforceable, as it is a policy statement outlining HHS’s position. For a federal agency to impose enforceable restrictions — such as cutting off Medicare or Medicaid participation — it has to follow the Administrative Procedure Act (APA).
Kennedy’s declaration was based on a peer-reviewed report conducted by HHS earlier in the year, which concluded that behavioral therapy should be the suggested treatment for gender dysphoria in minors, rather than “gender transition” itself, due to the permanent risks the life-altering treatments present.
The lawsuit, filed in the U.S. District Court in Eugene, Oregon, goes on to argue that Kennedy’s announcement amounts to a violation of state rights, further requesting the court to “intervene and set aside the unlawful and arbitrary declaration.” The suing parties have also argued that the HHS used a declaration to “improperly influence care.”
The coalition is being led by New York Attorney General Letitia James, who has continuously worked in defiance against Trump administration policies. She argued that Kennedy’s declaration “baselessly attempts to limit access to gender-affirming care for young people.”
“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” James wrote in a press release.
“Secretary Kennedy cannot unilaterally change medical standards by posting a document online, 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,” she continued.
James is joined by Democrat attorneys general (AGs) from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, Washington State, Pennsylvania, and Washington, D.C.
While announcing the move last week, Kennedy stated that the action would be “guided by gold standard science,” in addition to supporting a previous executive order (EO) signed by President Donald Trump meant to “protect children from chemical and surgical mutilation.”
“So-called gender affirming care has inflicted lasting physical and psychological damage on vulnerable young people,” Kennedy proclaimed at the time. “This is not medicine. It is malpractice.”
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