Washington — According to groups that challenged the executive action, a federal judge in Maryland agreed to temporarily stop President Trump’s executive order restricting access to care that affirms gender to people under 19 years of age. This is a setback for the Trump Administration efforts to target what it calls “gender ideologies” as the legal proceedings continue.
After a hearing, U.S. district judge Brendan Hurson, who represents a group transgender youths diagnosed with gender dysphoria, and LGBTQ advocacy organizations, issued a temporary order of restraint from the bench.
opponents have argued that the Trump administration is discriminating on the basis sex or transgender. ALCU stated that Hurson’s orders prevent federal agencies from withholding or conditioning funds on the basis of whether a medical provider provides gender-affirming treatment to a patient.
The executive order of Mr. Trump requires federal agencies ensure that medical institutions receiving federal grants for research or education stop the “chemical and surgical mutilation” of children, defined as those younger than 19. The order covers puberty blockers and hormone therapy, as well as surgical procedures.
The order reads: “It’s the policy of the United States to not fund, sponsor or promote the so-called transition of a child between sexes, nor will it assist or support it. It will rigourously enforce all laws prohibiting or limiting these destructive and life altering procedures.”
The measure proposed by Mr. Trump also requires federally-run insurance programs, such as TRICARE (the Defense Department’s Health Care Program) and Medicaid, to exclude from coverage gender affirming care for minors.
The president took the measure on his first day in office. He had previously taken an executive order that prohibited the use of federal funding to “promote a gender ideology.” It also declared U.S. Policy as only recognizing ” the two sexes male and female.”
Two 12-year-olds, who identify as transgender and five teenagers transgender are among the young people involved in this lawsuit. According to court documents, all were diagnosed with gender disphoria. The organizations PFLAG and the American Association of Physicians for Human Rights are also involved in the case.
The challengers argued that transgender youths have been denied medical care by hospitals across the country. In the case where one of the plaintiffs, identified as Gabe Goe, 14, and his parents, were informed that Children’s National Hospital, Washington, D.C., no longer issued new prescriptions or processed refills for treatment to address his gender-dysphoria.
The plaintiffs stated in a court document that the orders “gravely threaten the transgender population in the United States, pitting their health and well-being against the health of others and the wellbeing of millions of federal dollars.”
Plaintiffs argued that Mr. Trump did not have the authority to unilaterally withdraw funds authorized by Congress and signed as law.
The Justice Department said that the president can direct agencies to carry out his agenda.
In a document, Justice Department lawyers stated that “this well-established authority doesoms plaintiffs’ likelihood of success on their claim the president exceeded his Presidential authority in issuing EOs.” The plaintiffs are also unlikely to win their constitutional and statutory claims of discrimination: the EOs don’t discriminate based upon sex, or any other protected group. They also have a significant relationship with important governmental goals regarding the protection of youth and children from potentially harmful and ineffective treatments.
