On January 28, 2025, the White House issued an Executive Order attacking transgender health care, spreading disinformation and fueling political fear-mongering. However, it is critical to clarify the following points:
- Gender-affirming care remains accessible – This Executive Order does not immediately change existing laws or restrict access to care for transgender youth. State and federal civil rights laws prohibit discrimination against transgender people. If you are refused care, contact a lawyer and your elected officials. Families should continue to seek the care they need, and providers should continue offering medically necessary treatment.
- Medical providers must not back down – Gender-affirming care is safe, evidence-based, and backed by every major medical association, including the American Medical Association and the American Academy of Pediatrics. We urge providers not to let political interference disrupt the essential care they provide.
- The order is political, not medical – This action is not based on science or the expertise of medical professionals. It is a coordinated effort to attack trans people for political gain, and it disregards the overwhelming medical consensus on gender-affirming care. The call to “review the literature” on gender-affirming care is clearly disingenuous or the administration would wait to see the results before issuing any order related to this care.
- Legal challenges are expected – Executive orders issued by the President do not have the authority to change federal laws passed by Congress or protections guaranteed by the Constitution. State attempts to ban this care are unconstitutional, with litigation still pending. Existing federal civil rights laws like Title VII and the Affordable Care Act’s Section 1557 prohibit discrimination against transgender people. This order and any steps taken to implement this order will face lawsuits.
- States like Minnesota remain a refuge – In states with protections for trans people, including Minnesota, gender-affirming care remains protected. We urge state leaders to reaffirm their commitments and ensure providers and families have the information and resources they need.
Gender Justice will continue fighting for trans rights and access to care. If you’re covering this story and need legal commentary, we are available for interviews.
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