Federal Judge Rules Against RFK Jr.’s Restrictions on Transgender Healthcare for Minors

In a significant development on Thursday, Kashubai, an appointee of President Biden, indicated via court documents that he plans to deny Kennedy’s motion to dismiss while approving Oregon’s request for summary judgment.

Back in December, Kennedy issued a declaration asserting that procedures aimed at rejecting sex characteristics for children and adolescents do not constitute safe or effective treatment for gender dysphoria, gender incongruence, or related disorders in minors. As a result, Kennedy argued that these procedures fail to align with professionally recognized healthcare standards.

However, Kennedy’s declaration did provide exceptions for treatments related to “medically verifiable disorders of sexual development,” as well as cosmetic procedures pertaining to an individual’s biological sex. Additionally, treatments for complications stemming from any “sex-rejecting procedure” were also exempted from his statement.

The declaration exempted treatments for a “medically verifiable disorder of sexual development,” cosmetic procedures related to a person’s biological sex and for complications arising from a “sex-rejecting procedure.” 

The motion called for Kennedy’s declaration to be declared unlawful; to vacate and set aside the declaration; and block the secretary from implementing the proposed rule. 

The plaintiffs in the case include Oregon, Washington state, New York, California, Colorado, Connecticut, D.C., Delaware, Illinois, Maine, Maryland, Masachusetts, Michigan, Minnesota, New Jersey, New Mexico, Pennsylvania, Rhode Island, Vermont and Wisconsin. 

Kashubai gave parties until April 2 to provide a supplemental briefing regarding the plaintiffs’ request. 

“The freedom to make personal healthcare decisions — with your family and your doctor — is a fundamental Oregon value,” Oregon Attorney General Dan Rayfield (D) said in a statement on Thursday’s ruling. “It’s rooted in our belief that every person deserves dignity, compassion, and care.” 

“The court saw through the federal government’s attempt to bully hospitals and providers into abandoning their patients, and ruled on the side of those values.” 

This marks the second legal setback Kennedy has faced this week, with another Biden-appointee ruling that his new, reduced childhood immunization schedule, as well as his remaking of an influential federal vaccine committee, were both unlawful, blocking them from continuing.