What Parents Should Know About DOJ Subpoenas on Gender-Affirming Care

The Department of Justice (DOJ) has recently issued more than 20 civil subpoenas to healthcare facilities providing gender-affirming care to minors. These subpoenas are part of the Administration’s broader efforts to restrict and eliminate access to such care, raising serious concerns for transgender youth, their families, and their providers.

The Transgender Law Center has created a fact sheet to help parents and advocates understand the subpoenas and consider steps they can take to protect their families’ privacy. 

Below is a brief overview of the key points:

What the subpoenas involve:

• The DOJ is demanding documents from healthcare providers, including billing records, consent forms, information on off-label use of puberty blockers and hormones, and reports of adverse events.
• Subpoenas even request patient-identifying information for minors who received gender-affirming care.
• Some healthcare entities, like the Children’s Hospital of Philadelphia, are already challenging these subpoenas in court to protect patient privacy.

What parents and advocates can do:

• Healthcare entities can and often do move to resist or narrow subpoenas, and many are fighting these demands under seal.
• Parents are encouraged to communicate with their healthcare providers to learn what steps they are taking to protect patient data.
• Advocacy organizations, such as the ACLU, Lambda Legal, and the Transgender Law Center, can connect families with legal resources and community support. State Attorneys General may also provide avenues to ensure medical privacy rights are enforced.

Impact of DOJ Subpoenas on Trans Youth Healthcare

While courts are likely to limit the scope of the subpoenas, they may not eliminate them entirely. A multistate lawsuit, Massachusetts v. Trump, argues that these subpoenas abuse the DOJ’s authority; however, the outcomes remain uncertain. Meanwhile, many institutions are under pressure and have already reduced or ceased providing gender-affirming care.

The fact sheet stresses the importance of collective advocacy, such as supporting providers who continue to offer care, working with state leaders, and uniting with local and national organizations to defend access to medically necessary treatment for trans youth.

You can read the full resource here: Transgender Law Center Fact Sheet

Providing Legal Resources for LGBTQ+ Individuals

As part of the firm’s mission to ensure LGBTQ+ individuals understand the legal issues they may face, GLG partners with local organizations across DC, MD, and VA to organize informational seminars about various legal topics that impact LGBTQ+ individuals.

Learn more about our related legal services: Legal Issues for LGBTQ+

We’re Here to Help

• Please reach out to us if you need help connecting transgender children and their families with resources across the DC Metro.
  
• Should you have questions or concerns on how to legally protect your family, please contact us to make an appointment and mention this post.