Today, America First Legal (AFL) released documents obtained from its lawsuit against the U.S. Department of Health and Human Services (HHS). These documents include internal emails from Assistant Secretary for Health Rachel Levine and his team. The emails indicate the Biden Administration’s decision to continue supporting child transgender surgeries and intensifying HHS Office for Civil Rights (OCR) investigations in Texas following the state’s ban on such treatments in March 2022.
AFL acquired these documents through litigation to enforce a Freedom of Information Act (FOIA) request for Assistant Secretary Levine’s communications regarding pediatric transgender clinics. Previously, AFL released documents showing Levine's efforts with advocates on gender-affirming care access in other states.
In October 2021, Texas Children’s Hospital (TCH) appointed Catherine Gordon as Pediatrician-in-Chief. Gordon publicly defended medical transitioning for children, citing her experience under the founder of the first children’s transgender clinic in the United States. She claimed puberty blockers saved lives and received National Institute of Health (NIH) funding for an article suggesting that medical transitioning could lower depression and self-harm risks.
On March 8, 2022, TCH announced it would stop providing medical transitions for children. Shortly after this announcement, Gordon resigned in April 2022—six months after her appointment—following Governor Abbott's directive to investigate instances of child sex transitions. On the same day as Abbott's directive, HHS announced it would investigate cases involving discrimination based on gender identity.
According to documents produced by HHS, Assistant Secretary Levine and Gordon exchanged several emails after Gordon left TCH. On July 1, 2022, Gordon introduced Priya Verghese, Chief of Nephrology at Northwestern and Lurie’s Children’s Hospital in Chicago, to Assistant Secretary Levine via email.
On July 5, 2022, Assistant Secretary Levine responded to thank Gordon for the introduction and proposed setting up a call with her. After confirmation from Gordon, arrangements were made by Levine's Chief of Staff.
On July 13, 2022, Kelly Cure from HHS informed Assistant Secretary Levine that Verghese requested him as a keynote speaker at a September conference at Houston Medical Center focused on barriers to healthcare for trans children. Additionally, Cure noted a meeting with Gordon was scheduled for August 10.
After reconnecting with Gordon via email following their meeting in August 2022, she thanked Assistant Secretary Levine for his support and promised updates on next steps. He replied asking to be kept updated and signed off as “[y]our friend.”
One month later, Gordon was appointed Clinical Director at Eunice Kennedy Shriver National Institute of Child Health and Human Development under NIH/HHS. An NIH publication titled "The Catalyst" highlighted her new role but did not mention her tenure at Texas Children’s Hospital or her advocacy for child medical transitions.
The publication emphasized Gordon's mission regarding bone health during developmental years and mentioned NIH acquiring technology enabling noninvasive skeletal health assessments—a focus area she will develop further at NIH.
Despite opposition from some medical professionals who argue these treatments are harmful to children, recent emails suggest continued support from Assistant Secretary Levine within HHS. Correspondence shared among staff dismissed complaints about harm caused by gender transitions unless they posed future issues.
Documents reveal that HHS plans to counter those opposing child medical transitions actively. In November 2022 correspondence forwarded by Assistant Secretary Levine included a complaint about these practices which was sent directly to OCR upon his instruction.
These revelations underscore AFL's stance that the Biden Administration is using federal power against state measures protecting children's health rights while promoting controversial treatments.
Ian Prior stated: “While the rest of the world is pulling back on the inhumane practice of child experimentation," he said "the Biden Administration is plowing full steam ahead... Whether it’s putting transgender activist doctors in high-ranking positions...or prosecuting doctors who blow the whistle...America First Legal is committed to ending these practices."