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Colorado Supreme Court decides hospital has to restart gender care for minors

HHS report reveals risks of transgender medical treatments for children

Colorado Supreme Court Ruling on Gender Reassignment Treatment

The Colorado Supreme Court decided on Monday that Children’s Hospital Colorado must reinstate gender reassignment treatments for minors. This decision came after the hospital paused services like puberty blockers and hormone therapy for patients under 18, following a December warning from the U.S. Department of Health and Human Services (HHS). The warning indicated that hospitals could lose federal Medicaid funding if they continued these treatments.

A group of four transgender patients, through their parents, took legal action against the hospital, arguing that the cessation of treatment went against state anti-discrimination laws. They claimed the hospital unfairly discriminates by denying treatments based on gender identity while offering them to other minors.

In a 5-2 verdict, the court found that the hospital’s actions not only violated these anti-discrimination laws but also posed a risk of “irreparable harm” to the patients affected. Justice William Hood III, who penned the majority opinion, stated, “We conclude that the actual, immediate and irreparable harm to appellants outweighs the speculative harm that CHC may face if the federal government takes further adverse action.”

The hospital commented that they are reviewing the court’s ruling and determining their next steps, though they didn’t have further details to share at this moment.

Colorado was among the 19 states that had previously filed a lawsuit against the Trump administration over related issues, arguing that the HHS proposal was illegal and bypassed established medical protocols. In March, U.S. District Judge Mustafa Kasbai, appointed by Biden, ruled that HHS did not adhere to required procedures when they issued the declaration, which temporarily protects medical professionals in their treatment decisions.

There’s been a long-standing conflict around gender reassignment treatment for minors, especially with the actions taken by the Trump administration and now under President Kennedy. In December, Kennedy mentioned, “On my watch, HHS will support radical transparency and informed consent,” emphasizing a commitment to uphold high standards in health care for children.

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