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Washington challenges presidential order on gender-affirming care funding

LEGAL NEWSLINE

Saturday, February 8, 2025

Washington challenges presidential order on gender-affirming care funding

State AG
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Attorney General Bob Ferguson | Facebook Website

Attorney General Nick Brown has initiated a federal lawsuit involving multiple states to counter a presidential order that could terminate federal funding for medical institutions offering gender-affirming care. This executive order, issued by President Trump, aims to enforce criminal penalties against medical professionals and patients involved in such care.

Brown described the order as "clearly illegal and unusually cruel," adding that it forms part of a broader political effort to undermine civil rights. He emphasized the harm inflicted on Washington's youth, parents, and healthcare providers.

The legal action is supported by the attorneys general of Minnesota and Oregon. Additionally, three doctors have joined as plaintiffs, representing themselves and their minor patients. The complaint was filed in the U.S. District Court for the Western District of Washington.

Governor Bob Ferguson expressed strong opposition to Trump's directive, stating: “President Trump’s attempt to withhold federal funds from states that offer health care to transgender Washingtonians is unlawful and cruel.” He affirmed Washington's commitment to protecting civil rights and highlighted collaboration with the Attorney General to shield residents from illegal federal actions.

The states contend that the executive order breaches the 5th Amendment’s equal protection clause by targeting transgender individuals for discrimination. They argue that Congress has already sanctioned research and education funding for medical institutions in Washington state, which cannot be overturned unilaterally by the president.

Furthermore, they assert that regulating or criminalizing medical practices falls under state jurisdiction as protected by the 10th Amendment.

Issued on January 28, Trump's executive order mandates cutting off federal research and education grants to institutions providing gender-affirming care to those under 19 years old. This measure threatens significant federal grant allocations essential for state medical schools and hospitals.

Healthcare providers have voiced concerns about patient safety due to potential loss of access to gender-affirming care. One provider warned of dire consequences if minors are deprived of this care: “I have no doubt that transgender adolescents will die."

In an emergency motion seeking a court order against this executive action, Brown presented evidence of ongoing harm experienced by youth, parents, and healthcare providers. Over 100 witnesses submitted declarations supporting this motion.

This lawsuit follows a Rhode Island federal court ruling preventing Trump from halting funding across 22 states including Washington. Despite this ruling, Trump continues issuing orders affecting programs like gender-affirming care provision.

A team comprising attorneys Cindy Alexander through Lucy Wolf; paralegals Jessica Buswell through Logan Young; along with investigators Rebecca Pawul through Jennifer Treppa contributed towards filing this case on behalf of Washington state.

Washington’s Attorney General represents both its people and government agencies across various legal domains including consumer protection laws enforcement alongside prosecuting elder abuse cases among others within nearly all counties statewide.

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