A federal judge appointed by President Joe Biden in 2023 has ruled against Health and Human Services Secretary Robert F. Kennedy Jr.’s claim that “sex-denial procedures” for children are “neither safe nor effective.” U.S. District Judge Mustafa Kasbai of Oregon determined that Kennedy exceeded his authority and did not adhere to the necessary administrative procedures when issuing this declaration. This ruling provides interim relief to medical professionals involved in these treatments and also rejects the government’s motion to dismiss the case.
In contrast, 20 blue states and Washington, D.C. have legalized various controversial medical services related to gender identity, including puberty blockers, cross-sex hormones, and surgical procedures. Kennedy’s declaration was based on a review that cited numerous risks, weak evidence supporting benefits, and a lack of solid clinical guidelines. Judge Kasbai, however, viewed this declaration as an overstep.
The declaration claimed that such treatments for gender dysphoria in minors do not meet accepted medical standards. It specifically defined “gender-denying treatment” as any pharmaceutical or surgical intervention aiming to align an individual’s body with a gender identity that differs from their biological sex.
This ruling protects hospitals and medical practitioners from immediate enforcement of the declaration. The lawsuit argued that Kennedy’s announcement was illegal, attempting to undermine established medical standards without proper processes. The government contended that general policy statements do not require formal rule-making.
The declaration represented Kennedy’s personal stance on the safety and effectiveness of these controversial medical treatments, according to government claims made in February.
Judge Kasbai’s ruling followed a six-hour hearing, and the judge criticized the haphazard approach to issuing such declarations. He emphasized that the rule of law should be upheld and respected, rejecting efforts to navigate around it.
New York Attorney General Letitia James, who led the legal challenge against the Trump administration’s policies regarding these procedures, hailed the ruling as a safeguard for patients, families, and healthcare providers against federal overreach.
Much current discourse around transgender healthcare overlooks the real lives affected by these issues, James remarked. She pointed out that the ruling clarifies that healthcare services for transgender youth are legal and protects providers from intimidation.
The lawsuit was supported by multiple states across the U.S., and the ruling coincides with former President Trump’s intent to address these matters in his 2024 campaign, emphasizing a promise to protect transgender youth from certain medical procedures, which is currently under consideration in the Senate as part of the SAVE America Act of 2026.
