Wisconsin has joined a coalition of states in a lawsuit aimed at preventing the Trump administration from cutting federal funding to hospitals that provide gender-affirming care for minors. The case was filed on December 23, with Wisconsin’s lead from Attorney General Josh Kaul urging that the proposed federal rules, announced by U.S. Health and Human Services Secretary Robert F. Kennedy Jr., overstep the Secretary’s authority and infringe upon federal healthcare statutes.
The lawsuit includes 19 states along with the District of Columbia, asserting that the proposed rules would effectively close down medical facilities that choose to offer necessary care for young patients. The planned measures would bar health care providers from getting federal funds, such as those from Medicare and Medicaid, if they treat any minors with gender-affirming care.
The coalition argues that Kennedy’s rules, referred to as “The Kennedy Declaration,” lack a statutory foundation and violate the Administrative Procedure Act, which governs how federal agencies develop and issue regulations. Kaul highlighted a significant ruling from 2019 that allowed Wisconsin’s Medicaid to provide coverage for gender-affirming treatment for individuals up to age 19 and emphasized the need for hospitals and doctors to operate without political interference.
Wisconsin’s Democratic Governor Tony Evers criticized the Trump administration, asserting that it is prioritizing political agendas over the health needs of Wisconsin families. He expressed concern over impending Affordable Care Act credits expiration, potentially affecting tens of thousands of Wisconsinites reliant on the federal health insurance exchange.
The legal action is in response to a mounting national dialogue on gender-affirming care for minors, which has been met with considerable opposition and scrutiny. Professional organizations, including the American Academy of Pediatrics, have contested Kennedy’s approach, labeling it as an unjustified interference in the patient-physician relationship. The administration’s recent ruling to terminate several grants to the American Academy of Pediatrics further reflects the contentious intersection of health care and political ideologies.
Importantly, gender-affirming care for minors is predominantly non-surgical, focusing on counseling and, if desired, puberty blockers to delay the onset of puberty, allowing youth additional time to determine their gender identities. The proposed rules do include exceptions for certain children, such as those who are intersex, indicating a recognition of varying needs across youth populations.
This lawsuit represents a pivotal moment in the ongoing battle over healthcare rights, particularly in relation to LGBTQ+ youth, reflecting broader societal debates surrounding medical standards and personal autonomy. The case could have lasting implications for how gender-affirming care is approached in various states, and it underscores the vitality of engaging in informed discourse to safeguard the rights and health of young individuals navigating their identities.