Federal Court Blocks Limits on Gender-Affirming Care
Summary
Wisconsin Attorney General Josh Kaul and a coalition of states secured a federal court order blocking a Trump Administration declaration that sought to limit access to gender-affirming care for transgender youth. The court found the Health Secretary lacked the authority to issue the declaration, which threatened to cut off Medicare and Medicaid funding for providers of such care.
What changed
A federal court has granted a motion for summary judgment, blocking an attempt by the Trump Administration, through Health Secretary Robert F. Kennedy Jr., to limit access to gender-affirming care for transgender youth. The court ruled that the Secretary exceeded his authority by issuing a declaration asserting that such care does not meet medical standards and by threatening to cut off Medicare and Medicaid funding for providers. The court order will vacate this declaration.
This ruling has significant implications for healthcare providers offering gender-affirming care, as it removes the immediate threat of federal funding cutoff and reaffirms the authority of states and individuals to make medical decisions. Compliance officers in healthcare systems should note that the federal government's attempt to restrict this care has been deemed unlawful, and providers can continue offering these services without fear of federal sanction based on this specific declaration. The ruling emphasizes the importance of proper regulatory authority and adherence to established medical standards of care.
What to do next
- Review internal policies regarding gender-affirming care provision in light of the court's decision.
- Ensure continued adherence to established medical standards of care for gender-affirming treatments.
Source document (simplified)
NEWS FOR IMMEDIATE RELEASE March 23, 2026 AG Kaul Secures Federal Court Order Blocking Federal Attempt to Limit Access to Gender-Affirming Care MADISON, Wis. – Attorney General Josh Kaul and a coalition on Friday secured a ruling in federal court blocking an unlawful attempt by the Trump Administration to pressure healthcare providers into ending care for youth with gender dysphoria. The Court granted the States’ motion for summary judgment, finding that Health Secretary Robert F. Kennedy Jr. lacked the authority to issue a declaration asserting that gender-affirming care for transgender youth does not meet medical standards of care. The declaration also threatened to cut off hospitals and clinics from Medicare and Medicaid for providing such care. The federal court will issue an order vacating the declaration, along with other appropriate relief. “The federal government should be respecting people’s freedoms,” said Attorney General Josh Kaul. “Secretary Kennedy shouldn’t be attempting to stop patients from making their own medical decisions, and he certainly shouldn’t be overstepping his authority to try to do so.” Joining Attorney General Kaul in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and the governor of Pennsylvania.
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DOJ Communications Office DOJCommunications@doj.state.wi.us (608) 266-1220
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