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Maryland among states challenging HHS declaration limiting gender-affirming care for young people

Anthony Brown
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The state of Maryland and the Trump administration are battling in court once again, this time over access to gender-affirming care.

According to court documents, multiple states are accusing the Trump administration of unlawfully attempting to limit access to gender-affirming care for young people.

Officials say the Department of Health and Human Services released a declaration on December 18 that "falsely claims" certain forms of gender-affirming care are "unsafe and ineffective."

The declaration also threatens to punish doctors, hospitals, and clinics that continue to provide the care with exclusion from the federal Medicare and Medicaid programs.

READ: Maryland sues Trump DOJ for threatening prosecution of doctors providing youth gender-affirming care

"So-called gender-affirming care has afflicted lasting physical and psychological damage on vulnerable young people," Secretary of Health and Human Services, Robert F. Kennedy Jr. said in remarks at HHS's Washington headquarters. "This is not medicine, it's malpractice."

"Pushing transgender ideology in children is predatory, it's wrong and it needs to stop," echoed Food and Drug Administration Commissioner Martin Makary.

RELATED: Trump administration seeks nationwide ban on gender-affirming care for minors

The lawsuit claims the declaration violates federal statutes by unlawfully changing medical standards without going through the notice and comment process, which undermines states' authority to regulate medicine.

"Healthcare decisions should be made by doctors and patients—not by politicians in Washington threatening to destroy providers' careers and spreading fear among transgender youth and their families," said Maryland Attorney General Anthony Brown. "This isn't just about following the law—though HHS is clearly violating it. This is about protecting vulnerable young people who deserve the same dignity, respect, and access to medical care as anyone else. We're standing up against this cruel and unlawful action because every Marylander, regardless of who they are, deserves compassionate, evidence-based healthcare from providers who won't be punished for doing what's right."

The lawsuit aims to have the HHS declaration deemed unlawful by the court and to block its enforcement.

This is one of nearly 50 lawsuits that Maryland has filed or joined against the Trump administration on a range of issues. You can find more information on the status of the various lawsuits here: