Why Are Hospitals Bowing to Trump’s Illegal Gender-Affirming Care Ban?
In an email sent to hospital staff early Monday morning, which I acquired a copy of, Children’s National laid out the new policy. “Our decisions are—and always will be—rooted in the care and safety of our patients, families, and staff,” stated the email, which was signed by “The Children’s National Leadership Team,” no staffers’ names provided. The email claimed that Trump’s order “prohibits the prescription of puberty blockers and hormone therapy to transgender youth under 19.” While it’s true the order says that, that does not actually change the legal status of prescribing these treatments.
When I asked Children’s National on Monday about their decision to stop offering puberty blockers and hormones to those under 19, they responded, “For clarity, Children’s National Hospital already did not perform gender-affirming surgeries on minors.” They also sent a link to a statement posted on their website and dated January 30, 2025, which began, “Children’s National is committed to providing compassionate and comprehensive care in accordance with the law. As a result, we are currently pausing all puberty blockers and hormone therapy prescriptions for transgender youth patients, per the guidelines in the Executive Order issued by the White House this week.”
In fact, cutting off care in response to Trump’s order could itself violate anti-discrimination laws. This legal argument has been used to block gender-affirming care bans in the past: Because the same medications and surgeries denied to trans kids remain available to cis kids, a ban on trans kids’ care is sex discrimination. New York Attorney General Letitia James on Monday advised hospitals in the state that should they follow the executive order, they would be violating state law. “Electing to refuse services to a class of individuals based on their protected status, such as withholding the availability of services from transgender individuals based on their gender identity or their diagnosis of gender dysphoria, while offering such services to cisgender individuals, is discrimination under New York law,” James wrote.
