Attorney General Phil Weiser suit challenges federal attack on gender-affirming care

Attorney General Phil Weiser suit challenges federal attack on gender-affirming care

Dec. 24, 2025 (DENVER) - Attorney General Phil Weiser today joined a multistate coalition of states in filing a lawsuit to block an unlawful declaration from Health and Human Services Secretary Robert F. Kennedy, Jr. that threatens health care providers and attempts to restrict access to gender-affirming health care for young people.

The lawsuit challenges a so-called "declaration" issued by Secretary Kennedy that falsely claims certain forms of gender-affirming care are "unsafe and ineffective" and threatens doctors, hospitals, and clinics that provide this care from participating in the Medicare and Medicaid programs. Attorney General Weiser and the coalition argue that the declaration violates federal law by bypassing required notice-and-comment procedures and unlawfully intruding on states' authority to regulate the practice of medicine.

"Gender-affirming care is legally protected in Colorado and upending it would harm transgender Coloradans who depend on it. Secretary Kennedy's so-called declaration is a blatant abuse of power and threatens to bankrupt hospitals and providers," said Attorney General Weiser. "This action also seeks to replace decades of medical research and rewrite medical guidelines nationwide. The Trump administration is hellbent on turning back the clock, bullying hospitals and providers, and cutting families off from trusted, essential care. That is unlawful and cruel, and we are challenging it in court."

On Dec. 18, HHS issued the declaration and announced proposed rules that would bar gender-affirming care providers and associated hospitals from participating in Medicare and Medicaid and prohibit Medicaid payments for transgender health care. Those proposed rules are not yet in effect, and public comments are being accepted through February 17, 2026.

The attorneys general contend that HHS lacks the authority to impose a nationwide standard for medical care without following federal law. For generations, states have regulated the practice of medicine, and medical decisions should be made by patients and their doctors - not federal political appointees. The declaration creates fear and uncertainty for families and places doctors at risk of severe penalties simply for providing medically appropriate care.

In Colorado, gender-affirming health care is legally protected. State-regulated health insurance plans are prohibited from withholding coverage from individuals based on gender identity. Additionally, state health care regulatory boards cannot deny licensure or impose disciplinary action against a provider's license based solely on the provision of gender-affirming care so long as the care meets generally accepted standards of medical practice in Colorado.

Attorney General Weiser and the coalition are asking the court to declare the HHS declaration unlawful and block its enforcement.

The lawsuit is led by the attorneys general of New York, Oregon, and Washington. Joining them are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.

Read the complaint State of Oregon v. Kennedy (PDF).

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