As the Trump administration strengthens its anti-government movement, transgender people’s health carefamilies across the country are asking a federal court to block the Justice Department from obtaining their transgender children’s personal medical records.
On Saturday, 11 families filed a proposed nationwide class action lawsuit in federal court. maryland It seeks to prevent the Justice Department from subpoenaing children’s hospitals across the country. The subpoena asks for a wide range of protected health information related to minors receiving gender-affirming care, including names, home addresses, social security numbers, dates of birth, diagnoses, and treatment records.
of lawsuit, Regarding administrative subpoenas against children’s hospitalsmarking a dramatic escalation in legal battles over transgender rights under the president. donald trump’s second government. Families and civil rights lawyers have accused the federal government of weaponizing its investigatory powers to blackmail hospitals, intimidate parents and create what it calls a de facto registry of transgender youth undergoing treatment.
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Plaintiffs are represented by GLAD Law, National Center for LGBTQ Rights, and Brown Goldstein & Levy LLP.
“The Department of Justice is turning its investigative powers into a weapon against families, and it must stop,” GLAD Legal Director Josh Lovenger said in a statement. Defender. “Federal courts have been clear: These subpoenas have no legitimate purpose and are intended to harass and intimidate in order to further a political agenda.”
The filing comes less than 48 hours after another legal setback for the Trump administration’s broader campaign targeting transgender health care workers and organizations. On Thursday night, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia temporarily blocked a Federal Trade Commission investigation into the World Association of Transgender Health Professionals and the Endocrine Society, ruling that the organizations are likely to succeed in their claims that the investigations are retaliatory and rooted in hostility toward transgender people.
in sharply worded opinionBoasberg said the administration has shown “extensive evidence of hostility” and relied on “flimsy justifications without supporting evidence” in targeting organizations.
The Justice Department has issued at least 20 nearly identical subpoenas to hospitals across the country as part of what families describe as an accelerated campaign targeting practitioners who provide gender-affirming care to minors, according to Maryland’s filing. The treatment in question remains legal in the state where the family lives and the hospital operates.
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The lawsuit reflects growing concerns for many parents of transgender children that seeking medically approved care, even in states where the treatment is legal, could expose their families to federal scrutiny.
The complaint alleges that without widespread nationwide intervention, the Justice Department will continue to obtain sensitive patient information “hospital by hospital” before families even have a chance to challenge the subpoenas in court.
The Department of Justice reinforced this concern last week. requested execution of the subpoena A lawsuit was filed against Rhode Island Hospital in federal court in Texas. The court granted the claims within hours without notifying affected patients, the filing states.
“This lawsuit takes aim at a dangerous and appalling example of government overreach,” Shannon Minter, legal director for the National Center for LGBTQ Rights, said in a statement. “The Trump administration must not request access to or review of an individual’s medical records without a legitimate purpose.”
The Justice Department said the investigation concerns potential health care fraud and other violations of law related to gender-affirming treatment of minors. But Maryland’s filing argues that the subpoenas lack a legitimate investigative basis and serve as a political tool to suppress access to health care, which remains legal in many states.
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The plaintiffs also argue that even if a court later decides the subpoena is illegal, the harm would be irreparable if the medical records were turned over to the federal government.
The proposed class would consist of families whose transgender children are being treated in hospitals, including Children’s National Hospital. Washington DC, connecticut Children’s Medical Center, michigan medicine and Rady Children’s Hospital in California.
The families are seeking emergency nationwide relief to prevent the government from obtaining or storing patient records while the lawsuit progresses.
“History has shown us what happens when governments compile lists of members of groups they don’t like,” Eve Hill, an attorney at Brown, Goldstein & Levy, said in a statement. “We cannot allow that history to repeat itself.”
Source: Advocate.com – www.advocate.com
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