U.S.A.: Second court knocks down Donald Trump’s “cruel” gender-affirming care ban

In the U.S.A., federal Judge Lauren King has issued a temporary injunction against a part of Donald Trump’s executive order that bans federal funding for medical institutions providing gender-affirming care. This injunction, the second against Trump’s ban, will last while legal challenges to the ban are addressed in court.

According to ‘LGBTQ Nation’, on Friday, King, appointed by former President Joe Biden, sided with a lawsuit filed by three Democratic attorneys general from Washington, Minnesota, and Oregon. The lawsuit contended that Trump’s order exceeded his presidential authority, improperly attempted to regulate a state-controlled medical issue, and infringed upon the equal rights of trans individuals and medical professionals, which are protected by the Constitution.

Trump’s order aims to withdraw federal funding from hospitals and universities that offer or educate about gender-affirming care. However, King asserted that Trump cannot unilaterally decide on the allocation of federal funds already designated by Congress. She stated, “The United States Constitution exclusively grants the power of the purse to Congress, not the President, and the ‘President does not have unilateral authority to refuse to spend the funds’ Congress appropriates,” according to Advocate.

The attorneys general described Trump’s order as a “cruel and baseless broadside against transgender youth, their families, and the doctors and medical institutions that provide them this critical care,” as mentioned in their lawsuit.

They argued that it represents an official act of prejudice from the president, promoting agency discrimination against vulnerable youth based on their transgender and sex status. Additionally, they stated it is a flagrant misuse of power, encroaching upon spending and legislative powers reserved solely for Congress and intruding on the States’ long-standing authority to regulate medical practices, in violation of the Tenth Amendment.

Trump’s Department of Justice (DOJ) lawyers argued that the lawsuit should be dismissed because no specific grants related to Trump’s order have yet been threatened with revocation, as reported by CBS News. Despite this, some hospitals have begun limiting gender-affirming care due to potential federal repercussions.

The DOJ attorneys also claimed that Trump’s order was within his authority to instruct federal agencies to implement his administration's policies.

Last Thursday, another federal judge halted Trump’s order nationwide, preventing federal agencies from withholding or conditioning funds for hospitals and universities that support gender-affirming care.

The injunction issued by U.S.A. District Judge Brendan Hurson, also appointed by Biden, stated that Trump enacted his ban without legal authority, rendering his actions as an illegal and unconstitutional form of discrimination.

Reacting to the decision, American Civil Liberties Union (ACLU) attorney Joshua Block said, “Today’s decision should restore both their access to healthcare and protections under the Constitution. Providers who’ve suspended healthcare for their transgender patients should be left with no doubt that they can lift those suspensions and continue to provide healthcare and act in their best medical judgment without risking their funding or worse.”