AAP Sues Trump Administration Over Investigations into Gender Reassignment Guidance

The American Academy of Pediatrics (AAP) filed a lawsuit against the Trump administration on Tuesday, responding to an investigation launched into its guidelines concerning gender reassignment procedures for minors.

The Federal Trade Commission (FTC) began its inquiry in January, questioning whether the AAP and the World Professional Association for Transgender Health (WPATH) made “unsubstantiated statements or engaged in unreasonable conduct” within their recommendations for treating minors with gender dysphoria.

AAP contended that using the threat of investigation or prosecution to silence an organization’s speech constitutes retaliation and is against the First Amendment. They argued in their complaint that broad subpoenas issued as a means of enforcing such retaliatory measures also violate the Fourth Amendment.

In 2018, AAP articulated a policy suggesting a case-by-case evaluation for treatments like puberty blockers, cross-sex hormones, and surgeries, reaffirming this stance in 2023. Interestingly, a recent position statement from the American Society of Plastic Surgeons advocated for delaying gender-related surgeries until at least age 19. Meanwhile, the American Medical Association supported postponing such surgeries until individuals reach adulthood.

Emails previously disclosed indicated that AAP exerted pressure on WPATH to eliminate any minimum age requirements for gender reassignment surgeries prior to publication of their guidelines. Additionally, court documents suggested that officials from the Biden administration also influenced WPATH to remove these age limits to align with their legislative goals. There were even reports that an evidentiary review undermining earlier recommendations was suppressed.

The FTC’s request for documents included all communications between WPATH and professional medical organizations regarding their guidelines. Following this, AAP submitted a motion to halt the investigation.

Communication with the FTC hasn’t produced any responses from the agency as of yet.

AAP’s lawsuit clarified that gender-affirming care encompasses a variety of approaches that can be tailored to affirm a patient’s gender identity. This might range from mental health support to medical treatments such as hormone therapy and puberty blockers. In exceptional cases, gender reassignment surgery may be considered appropriate if it’s developmentally fitting for the patient, guided by consultations with family and healthcare professionals.

In December, the Department of Health and Human Services (HHS) proposed a rule that would restrict Medicaid funding for gender reassignment surgeries for minors and limit hospitals from providing such procedures to minors. It’s notable that during his first month in office, President Trump endorsed an executive order that defined “gender” strictly as “male or female,” limiting federal funding for child gender reassignment initiatives.