An open letter to State Governors & Legislatures

Strengthen State Shield Laws to Protect Transgender Youth Healthcare

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I am writing to urge you to take immediate action to strengthen our state's shield laws protecting transgender youth healthcare in response to the Trump administration's proposed federal rule that would effectively ban gender-affirming care nationwide. Under Secretary Robert F. Kennedy Jr., the Department of Health and Human Services has released a rule that would bar any hospital accepting Medicaid funding from providing gender-affirming care to transgender youth, regardless of whether Medicaid pays for that care. This weaponizes Medicaid participation requirements to create a de facto national ban. The rule contains no exceptions for patients currently receiving care, meaning transgender youth in treatment would immediately have their care cut off and be forced into medical detransition. This rule violates Section 1801 of the Social Security Act, which explicitly bars the federal government from using Medicaid regulations to exercise direct supervision or control over the practice of medicine. It also represents an unconstitutional assault on states' rights under the Tenth Amendment by threatening to strip Medicaid participation from hospitals that comply with state laws requiring the provision of care. The administration explicitly targets shield laws enacted by states like California, Minnesota, and New York, claiming this bureaucratic rule change can nullify democratically enacted protections. As Khadijah M. Silver of Lawyers for Good Government stated, these draft rules are "a dangerous and unconstitutional attempt to undermine the longstanding right of states to ensure the health and well-being of their residents." The rule enters a 60-day public comment period once published, giving us a narrow window to act. I urge you to introduce or support legislation that strengthens our state's shield laws, ensures hospitals can continue providing medically necessary care without federal interference, and protects the rights of parents and medical professionals to make healthcare decisions based on established standards of care rather than political ideology.

▶ Created on December 18 by Trans Rights Are Human Rights

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