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Attorneys General Challenge Health Department “Declaration” on Gender-Affirming Care


— January 1, 2026

New York Attorney General James, a lead plaintiff in the case, accused Health Secretary Robert F. Kennedy of making false claims about the dangers of gender-affirming care.


A coalition of state attorneys general have filed a lawsuit against the Trump administration, challenging the U.S. Department of Health and Human Services’ decision to limit access to gender-affirming care for young people.

New York Attorney General James, a lead plaintiff in the case, accused Health Secretary Robert F. Kennedy of making false claims about the dangers of gender-affirming care. Kennedy, a well-known conspiracy theorist with no formal medical training, has called gender-affirming care “unsafe and ineffective” and threatened to punish doctors, hospitals, and clinics that continue to prove such treatment. More specifically, Kennedy said that he would consider excluding infringing persons and entities from the federal Medicaid and Medicare programs.

In a press release, Jamesa’s office took strong issue with Kennedy’s “declaration” that gender-affirming care should not typically be provided to young patients.

“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 said in a statement. “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. My office will always stand up for New Yorkers’ health, dignity, and right to make medical decisions free from intimidation.”

New York Attorney General and former city council member Letitia James. Image via Wikimedia Commons/user:Matthew Cohen. (CCA-BY-2.0).

James noted that, if Kennedy’s declaration is enforced, providers and institutions could be cut off from Medicare and Medicaid if they’re suspected of doing little more than “providing health care for transgender adolescents.” In a related announcement, the U.S. Department of Health and Human Services signaled that it plans to move ahead with a broader set of restrictions, which would include an all-out ban on federal reimbursements for gender identity-related care.

Vermont Attorney General Charity Clark, a co-plaintiff in the lawsuit, said that Kennedy’s declaration violates multiple laws by attempting to reconfigure nationwide medical standards without publishing a proper notification or seeking public comment.

“I will never stop fighting for our rights to control our own bodies, and that includes access to gender-affirming care for transgender youth,” Clark said in a press release. “Contrary to what Secretary Kennedy claims, the major medical organizations agree that gender-affirming care is safe and effective. Decisions to seek that care should be between a patient and their doctor.”

The plaintiffs in the lawsuit include James, Clark, and the attorneys general of California, Colorado, Connecticut, the District of Columbia, Delaware, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Pennsylvania Gov. Josh Shapiro is also listed as a plaintiff.

Sources

Attorney General Brown Files Lawsuit Challenging Federal Attack on Gender-Affirming Care

Attorney General Clark Sues the Trump Administration for Federal Attack on Gender-Affirming Care

Attorney General James Leads Lawsuit Challenging Federal Attack on Gender-Affirming Care

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