Colorado Supreme Court Orders Hospital to Resume Gender Reassignment Drugs for Minors

On Monday, the Colorado Supreme Court instructed Children’s Hospital Colorado to restart the provision of gender reassignment drugs to minors identifying as transgender.

The court, ruling 5-2, found that the hospital’s decision to halt these treatments under pressure from the Trump administration amounted to discrimination based on “gender identity,” breaching state law known as the Bloomberg Act.

Children’s Hospital Colorado (CHC) previously stopped administering sex-change drugs after Health and Human Services Secretary Robert F. Kennedy Jr. issued a warning in December. He cautioned that puberty blockers and cross-sex hormones given to minors might be excluded from federal medical programs. Justice William W. Hood III, in his opinion for the court, emphasized that Kennedy’s statement does not constitute federal law and should not dictate CHC’s choices that negatively impact transgender patients.

Justice Hood remarked that the hospital’s suspension of gender-affirming care denies those young individuals equal access to necessary services. He noted that the families of the affected transgender minors had filed the lawsuits prompting the court’s involvement.

He further explained that while a declaration from the Secretary of HHS may contribute to decisions regarding federal health care payments, it does not equate to a legal prohibition against gender-affirming care. Additionally, a ruling from the United States District Court in Oregon deemed the Kennedy Declaration unlawful, blocking HHS from taking enforcement actions based on it.

Hood proposed that healthcare providers consider legal action against the Trump administration, asserting that the implications of losing federal funding for the hospital are uncertain, suggesting that alternative options might exist should the administration follow through with its threats.

Judges Brian D. Boatwright and Carlos A. Samoa Jr. dissented, with Boatwright expressing concerns that dismissing these actions as mere speculation trivializes the serious repercussions, indicating that the hospital’s halting of treatments was prompted by potential cuts to its federal funding, which could jeopardize the entire facility.

The Colorado Supreme Court ultimately mandated that a lower court issue an injunction compelling the hospital to resume offering sex-change drugs to minors.

In response to the ruling, Children’s Hospital Colorado stated that they are evaluating the court’s decision and considering their next steps, asserting that they will provide further guidance in the near future.