Delaware News


AG Jennings sues to block unlawful attacks on medically necessary health care for transgender youth  

Department of Justice | Department of Justice Office of Impact Litigation | Department of Justice Press Releases | Newsroom | Date Posted: Wednesday, August 6, 2025


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Attorney General Kathy Jennings on Friday, August 1 sued to block the Trump administration’s efforts to restrict access to medically necessary care for transgender youth. The lawsuit asks a federal court to protect access to care in the wake of the Trump administration’s efforts to deter doctors and hospitals from offering medically appropriate care to individuals under age 19—even in states like Delaware where such care is legal and protected.

“It becomes clearer every day that there simply is no bottom to this administration’s cruelty,” said Attorney General Kathy Jennings. “With his agenda failing and his popularity plummeting, the president is turning to time-tested tactics of demagogues: turning vulnerable people into scapegoats, obsessing over their private lives, and intruding on medical decisions. These stunts make kids into political props and do nothing to help Americans. They are despicable, dangerous, and illegal.”

On his first day in office, President Trump signed an executive order declaring that the United States would only recognize two sexes and calling for an end to federal support for what it called “gender ideology.” A second order, signed shortly after, focused on restricting medically necessary health care for youth. It defined everyone under 19 as a child, even though states like Delaware (and most people) consider 18-year-olds legal adults. It also describes recognized medical treatments as “chemical and surgical mutilation.” The order directed the U.S. Department of Justice (DOJ) to pursue enforcement actions related to this care. Since then, the U.S. DOJ has issued subpoenas to providers, demanded private patient data, and suggested that criminal charges may follow. The attorneys general argue that these efforts have no legal basis and are intended to discourage providers from offering lifesaving health care that is lawful under state law.

The lawsuit argues that the administration is overstepping its authority by using threats of criminal prosecution and federal investigations to pressure healthcare providers and warns that the administration’s tactics are already having an impact.

In some states, including Delaware, providers have begun to reduce or eliminate services, and patients are reporting canceled appointments and confusion about whether they can continue their care. Nemours Children’s Hospital is no longer offering gender-affirming care for new patients, attributing the decision to “communications and actions from federal agencies directed at healthcare providers related to gender-affirming care.”

Medical experts, including every major national medical association, agree that for many transgender young adults, medical care is not only necessary but can be lifesaving. Denial of medically necessary GAC has been shown to worsen mental health outcomes, including increased rates of depression, anxiety, and suicidal ideation.

Delaware law protects patients from discrimination based on gender identity, and health care providers are required to treat all patients fairly and without bias.

Other plaintiffs in the lawsuit include the attorneys general of California, Connecticut, Hawai’i, Illinois, Maine, Massachusetts, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, Rhode Island, Wisconsin, and the District of Columbia, as well as the Governor of Pennsylvania.

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AG Jennings sues to block unlawful attacks on medically necessary health care for transgender youth  

Department of Justice | Department of Justice Office of Impact Litigation | Department of Justice Press Releases | Newsroom | Date Posted: Wednesday, August 6, 2025


Navy blue background featuring the Delaware state seal in the center

Attorney General Kathy Jennings on Friday, August 1 sued to block the Trump administration’s efforts to restrict access to medically necessary care for transgender youth. The lawsuit asks a federal court to protect access to care in the wake of the Trump administration’s efforts to deter doctors and hospitals from offering medically appropriate care to individuals under age 19—even in states like Delaware where such care is legal and protected.

“It becomes clearer every day that there simply is no bottom to this administration’s cruelty,” said Attorney General Kathy Jennings. “With his agenda failing and his popularity plummeting, the president is turning to time-tested tactics of demagogues: turning vulnerable people into scapegoats, obsessing over their private lives, and intruding on medical decisions. These stunts make kids into political props and do nothing to help Americans. They are despicable, dangerous, and illegal.”

On his first day in office, President Trump signed an executive order declaring that the United States would only recognize two sexes and calling for an end to federal support for what it called “gender ideology.” A second order, signed shortly after, focused on restricting medically necessary health care for youth. It defined everyone under 19 as a child, even though states like Delaware (and most people) consider 18-year-olds legal adults. It also describes recognized medical treatments as “chemical and surgical mutilation.” The order directed the U.S. Department of Justice (DOJ) to pursue enforcement actions related to this care. Since then, the U.S. DOJ has issued subpoenas to providers, demanded private patient data, and suggested that criminal charges may follow. The attorneys general argue that these efforts have no legal basis and are intended to discourage providers from offering lifesaving health care that is lawful under state law.

The lawsuit argues that the administration is overstepping its authority by using threats of criminal prosecution and federal investigations to pressure healthcare providers and warns that the administration’s tactics are already having an impact.

In some states, including Delaware, providers have begun to reduce or eliminate services, and patients are reporting canceled appointments and confusion about whether they can continue their care. Nemours Children’s Hospital is no longer offering gender-affirming care for new patients, attributing the decision to “communications and actions from federal agencies directed at healthcare providers related to gender-affirming care.”

Medical experts, including every major national medical association, agree that for many transgender young adults, medical care is not only necessary but can be lifesaving. Denial of medically necessary GAC has been shown to worsen mental health outcomes, including increased rates of depression, anxiety, and suicidal ideation.

Delaware law protects patients from discrimination based on gender identity, and health care providers are required to treat all patients fairly and without bias.

Other plaintiffs in the lawsuit include the attorneys general of California, Connecticut, Hawai’i, Illinois, Maine, Massachusetts, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, Rhode Island, Wisconsin, and the District of Columbia, as well as the Governor of Pennsylvania.

image_printPrint

Graphic that represents delaware news on a mobile phone

Keep up to date by receiving a daily digest email, around noon, of current news release posts from state agencies on news.delaware.gov.

Here you can subscribe to future news updates.