Transgender Patients Hospital Subpoenas

Boston Children’s Hospital has applauded a federal judge’s ruling, which prevented a Justice Department subpoena requesting medical records of transgender minors treated at the facility, stating that the decision “protects” patient privacy.

In a statement provided to TIME, the hospital expressed gratitude for the court’s decision, asserting that it “secures the privacy of our patients, their families, and the medical staff delivering their care.” The hospital further stated, “Massachusetts law protects access to gender-affirming care, and we are unwavering in our dedication to offering safe, evidence-based, and compassionate services to all patients and their families.” 

Boston Children’s Hospital established the country’s inaugural pediatric and adolescent transgender health program.

U.S. District Judge Myong Joun determined in his decision that the DOJ’s subpoena, which sought minor patients’ home addresses, Social Security numbers, and medical records, was “solely driven by malicious intent.” 

Judge Joun remarked, “The Administration has been overt in its disapproval of the transgender community and its goal to terminate GAC,” referring to gender-affirming care. He added, “It is unequivocally evident that the actual intent behind issuing the subpoena is to obstruct the Commonwealth of Massachusetts’ authority to safeguard GAC within its jurisdiction, to harass and intimidate [Boston Children’s Hospital] into ceasing such provisions, and to discourage patients from pursuing such treatments.”

This summer, the DOJ sent requests for information to several doctors and clinics concerning the gender-affirming care provided to trans youth.

All major medical associations nationwide endorse gender-affirming care for transgender individuals, including minors. Despite this, the Trump Administration has worked to limit access to such care since the President’s re-election earlier this year. In January, Trump enacted an Executive Order stating that the U.S. would neither “fund” nor “support” gender transitions for individuals aged 19 or younger. Numerous facilities offering gender-affirming care, even in predominantly Democratic areas, have closed recently due to the Administration’s threats to withhold federal funding from medical centers providing such care to transgender and nonbinary youth.

The DOJ’s subpoenas followed Attorney General Bondi’s April directive to the Department of Justice’s Civil Division to investigate gender-affirming care, specifically to “act decisively to protect our children and hold accountable those who mutilate them under the guise of care.” This memorandum also mandated an evaluation of what the agency labeled as “false claims” concerning the administration of puberty blockers, sex hormones, or other medical interventions for a patient’s gender transition. Extensive research indicates that surgical procedures are seldom, if ever, employed for minors with gender dysphoria in the U.S., and that the gender-affirming care provided to trans youth is both safe and effective.

Following the federal judge’s decision, a DOJ spokesperson informed TIME in a statement, “As Attorney General Bondi has articulated, this Department of Justice intends to deploy every available legal and law enforcement instrument to safeguard innocent children from being mutilated under the pretense of ‘care.'” 

In May, the Department of Health and Human Services (HHS) released a report aiming to invalidate gender-affirming care as a legitimate medical treatment for young individuals with gender dysphoria. The report claimed a “mischaracterization” of conversion therapy and advocated for “exploratory therapy” to address gender dysphoria in trans and nonbinary youth. However, numerous medical associations, including the American Academy of Pediatrics and the American Medical Association, have issued statements condemning this practice as harmful and ineffective in altering an individual’s identity.

Several advocacy organizations applauded the judge’s ruling to halt the DOJ’s subpoena. A GLAAD spokesperson told TIME in a statement, “The federal government’s irrational campaign against standard medical care should concern every family who believes that healthcare decisions rest with them and that their private information merits protection.” The spokesperson added, “Everyone desires to be authentic, healthy, happy, and live peacefully.”