WA AG files lawsuit against Trump's gender-affirming care executive order

Washington Attorney General Nick Brown announced on Friday morning a multi-state federal lawsuit to halt President Donald Trump's executive order that threatens to cut federal funding to medical institutions providing gender-affirming care. 

"This order is part of a larger political effort to strip away civil rights from entire communities. The president’s cruelty is on full display with this dehumanizing executive order, along with his disdain for the Constitution," Brown said. "His actions are harming Washington’s youth, parents, and health care providers."

Brown said Washington will be joined by the attorneys general of Minnesota and Oregon.

The lawsuit follows a federal court order in Rhode Island that prohibits Trump from cutting off funding to a group of 22 states, including Washington.

"President Trump’s attempt to withhold federal funds from states that offer health care to transgender Washingtonians is unlawful and cruel," said Gov. Bob Ferguson. "Washington is a place that supports every resident’s civil rights. My team is working closely with the Attorney General to ensure Washingtonians are protected from illegal federal actions."

What they're saying:

The states argue this order violates the 5th Amendment’s equal protection guarantee by singling out transgender individuals for mistreatment and discrimination. 

Trump order aims to end federal support for gender transitions

The backstory:

On Jan. 28, Trump signed an executive order aimed at cutting federal support for gender transitions for people under age 19, a move to roll back protections for transgender people across the country.

"It is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures," the order says.

The order directs that federally-run insurance programs, including TRICARE for military families and Medicaid, exclude coverage for such care and calls on the Department of Justice to vigorously pursue litigation and legislation to oppose the practice.

The language in the executive order — using words such as "maiming," "sterilizing" and "mutilation" — contradicts what is typical for gender-affirming care in the United States. It also labels guidance from the World Professional Association for Transgender Health as "junk science."

Local perspective:

Luna Crone-Baron, a 19-year-old transgender student at the University of Washington, shared her personal story, emphasizing how gender-affirming care had saved her life. 

"Growing up, there is often a sense of hopelessness, of feeling lost and afraid by the idea that we may not be able to grow up into a body or a future that feels true for myself," Crone-Baron said. "This was a constant weight on my shoulders as a child, to the extent that I often felt suicidal at a very young age, feeling that I would rather die than go through male puberty." 

The University of Washington drama major recalls the day Trump signed the executive order. 

"It was devastating, and it was such a reality check because I just turned 19 in January," Crone-Baron said. 

Jessica Brady, an Edmonds Elementary School teacher and mother of an 18-year-old transgender daughter, Indigo, said the executive order has sparked fear and uncertainty. 

"There's a lot of depression, a lot of fear," Brady said. "That’s my kid, and my kid is the most important thing in the world. I'm going to do whatever I can to keep them alive." 

Indigo began transitioning in 2023, expressing her identity through clothing and self-expression. "This was so clear this was who she was," Brady said. 

Brady shared how the policy may not directly affect Indigo in the short term, but still causes concern. 

"She is 18, so luckily in a few months this ban won’t possibly affect her, but she carries a lot of fear for her friends," she said.

According to Senate Bill 5599, signed into Washington law in April 2023, as many as 30,000 transgender youth live in the state. 

"This order will kill trans children," Crone-Baron said.

Brown also highlighted the potential harm to medical institutions and providers, who face threats of criminal prosecution and loss of funding for offering gender-affirming care. He says the lawsuit seeks to protect both providers and patients from the overreach of federal executive authority.

The Source: Information used in this story was based on a news conference and press release from the Washington Attorney General's office, and the Associated Press. 

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