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Tipsheet

Federal Judge Blocks Another Trump Executive Order

AP Photo/Jacquelyn Martin

A federal judge on Thursday temporarily blocked President Donald Trump’s executive order prohibiting “gender-affirming care” for trans-identified people under the age of 19.

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This ruling came after families of trans-identified children filed a lawsuit against the Trump administration, arguing that the executive order jeopardizes the health of their young ones.

The judge’s ruling came after a lawsuit was filed earlier this month on behalf of families with transgender or nonbinary children who allege their health care has already been compromised. A national group for family of LGBTQ+ people and a doctors organization are also plaintiffs in the court challenge, one of many lawsuits opposing a slew of executive orders Trump has issued as he seeks to reverse the policies of former President Joe Biden.

Judge Brendan Hurson, who was nominated by Biden, granted the plaintiffs’ request for a temporary restraining order following a hearing in federal court in Baltimore. The restraining order, which lasts 14 days but could be extended, essentially puts Trump’s directive on hold while the case proceeds.

That means medical institutions can’t have their federal funding pulled because they provide gender-affirming care services.

The restraining order is nationwide in scope and will apply to institutions across the country. Attorneys for the government didn’t indicate whether they plan to appeal it.

The lawsuit was filed on behalf of two trans-identified 12-year-olds and five trans-identified teenagers who had been diagnosed with gender dysphoria.

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The plaintiffs allege that Trump’s executive order violates constitutional rights, congressional authority, and anti-discrimination laws. They claim the order was issued “for the openly discriminatory purpose of preventing transgender people from expressing a gender identity different from their sex designated at birth.” The policy “deprives them of necessary medical care solely on the basis of their sex and transgender status,” according to the lawsuit.

The lawsuit further insists that Trump “does not have unilateral power to withhold federal funds that have been previously authorized by Congress and signed into law.”

Trump’s executive order threatens to pull funding from institutions that offer “gender-affirming care” to children suffering from gender dysphoria and instructs federal insurance programs like TRICARE and Medicaid to exclude “gender-affirming care” for minors from coverage.

“Gender-affirming care” is a practice championed by progressives that involves prescribing puberty blockers, hormone treatments, and, in some cases, surgery. 

However, the practice became even more controversial when it was revealed that medical institutions were using these treatments on minor children. Critics point out that these treatments can cause irreversible physical and psychological damage – especially when the patients become adults.

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Chloe Cole, a “detransitioner” who underwent “gender-affirming care” as a child and later regretted it, sued Kaiser Permanente for performing a double mastectomy on her when she was 15 years old and giving her puberty blockers at age 13. In a statement, Cole explained that Trump’s executive order “was an exciting and symbolic first step but it’s clear it isn’t enough.”

Congress must act, but even more importantly, detransitioners like myself need to continue pursuing legal action. We must make these procedures uninsurable, investigate the industry, and ensure that the next HHS under President Trump conducts a full systematic review of the evidence.

Activist Gabrielle Clark, who has been on the front lines of the opposition against gender ideology, told Townhall, “Unfortunately, activists judges will stop at nothing to ruin the efforts of this administration. Our only option is to codify the protections for minors against the atrocity of gender affirming care into law through legislation.”

It is not yet clear whether the Trump administration plans to appeal the judge’s order.

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