AG Brown Wins Lawsuit Protecting Gender-Affirming Care
Summary
A federal district court granted summary judgment to Maryland Attorney General Brown and a coalition of 22 states, permanently enjoining a December 2025 HHS declaration that sought to classify certain gender-affirming care for youth as 'unsafe and ineffective' and threatened to exclude providers from Medicare and Medicaid programs. The court agreed with the states that Secretary Kennedy lacked legal authority to issue the declaration and that HHS failed to follow required notice-and-comment rulemaking procedures.
“Today's written opinion and judgment effectuate that prior ruling and protect healthcare providers and hospitals from the potentially destabilizing effects of HHS's unlawful actions.”
What changed
The U.S. District Court for the District of Oregon issued a written opinion and judgment effectuating a prior oral ruling, granting summary judgment to the plaintiff states. The court permanently enjoined HHS from enforcing Secretary Kennedy's December 18, 2025 declaration that certain forms of gender-affirming care for youth are unsafe and ineffective. The court agreed the declaration exceeded HHS's statutory authority, was arbitrary and capricious, and failed to follow required notice-and-comment procedures.
Healthcare providers and hospitals offering gender-affirming care to adolescents are protected from HHS threats of exclusion from Medicare and Medicaid programs under this court order. Providers should monitor for potential appeals or alternative administrative actions as the ruling does not preclude the administration from pursuing lawful regulatory pathways.
Archived snapshot
Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Attorney General Brown Wins Lawsuit Protecting Gender-Affirming Care
Published: 4/20/2026
FOR IMMEDIATE RELEASE
Media Contacts [email protected]
410-576-7009
BALTIMORE, MD (April 20, 2026) – Attorney General Anthony G. Brown and a coalition of 22 states today secured a federal court order blocking an unlawful attempt by the Trump administration to threaten healthcare providers that provide care for youth with gender dysphoria. A federal district court issued a written opinion and judgment, granting the plaintiff states' summary judgment motion.
“Today's ruling is a victory for every young Marylander, all of whom deserve access to the medical care their doctor recommends that is free from political interference," said Attorney General Brown. “We will never stop standing up for the health and dignity of transgender youth and the providers who serve them."
On December 18, 2025, the U.S. Department of Health and Human Services (HHS) issued a declaration asserting that certain forms of gender-affirming care are “unsafe and ineffective." In the declaration, Secretary Kennedy attempted to give HHS the power to exclude healthcare providers from Medicare and Medicaid programs simply for providing care for transgender adolescents.
Attorney General Brown and the coalition immediately sued in the U.S. District Court for the District of Oregon, arguing that Secretary Kennedy lacked the legal authority to issue the declaration, that HHS's actions were arbitrary and capricious, and that the agency failed to adhere to the necessary procedural requirements for notice-and-comment rulemaking.
At the end of a summary judgment hearing last month, a federal judge agreed with the states and issued an oral ruling blocking the federal government's threats. Today's written opinion and judgment effectuate that prior ruling and protect healthcare providers and hospitals from the potentially destabilizing effects of HHS's unlawful actions.
Joining Attorney General Brown in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the governor of Pennsylvania.
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