This is part one of a series of executive orders related to health care.
Transgender Care
Protecting Children from Chemical and Surgical Mutilation
Jan. 20, 2025
Provisions:
- “The United States […] will not fund, sponsor, promote, assist or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures.”
- Section Three: Reform scientific research done on how to treat minors with gender dysphoria via Health and Human Services (HHS) Secretary report within 90 days. Removes any laws that require guidance from the World Professional Association for Transgender Health.
- Section Four: All agencies must ensure the end of any federal research or education grants to institutions providing or researching transgender health care for minors be halted.
- Section Five: Additional directives to HHS Secretary include restricting Medicare and Medicaid coverage of transgender health care for minors, including state Medicaid programs, review transgender health care related drugs, including puberty blockers, hormones, and gender-affirming procedures and promote “whistleblowers” to report when this EO is disregarded.
- Section Six: Exclude transgender health care for minors covered by Tricare.
- Section Seven: Include provisions in the Federal Employee Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) programs call letter for 2026 specifying that eligible carriers, including the Foreign Service Benefit Plan, will exclude coverage for pediatric transgender surgeries or hormone treatments.
- Section Eight: Attorney General (AG) should prioritize enforcement of protections against “female genital mutilation.” AG will convene state AGs to coordinate the enforcement of this EO. AG will prioritize investigations and actions against violations of the Food, Drug and Cosmetic Act for “misleading the public about the long-term side effects.” AG will work with Congress to create legislation to end transgender health care for minors nationwide. AG will prioritize investigations and actions against health care facilities conducting gender-affirming care to minors, removing minors from parents’ custody via Parental Kidnapping Prevention Act for “abuse.”
Legal Actions:
- States of Washington, Oregon and Minnesota, and three doctors filed a joint lawsuit on Feb. 7, 2025. Lawsuit cites violations of the 10th Amendment.
- Court: District Court of Western District of Washington at Seattle
- American Civil Liberties Union (ACLU), Parents, Families and Friends of Lesbians and Gays (PFLAG) and the American Association of Physicians for Human Rights filed a joint lawsuit on Feb. 4, 2025. Lawsuit cites violation of Article 1 of the Constitution, gender discrimination, disability discrimination, Equal Protection clause of the Fifth Amendment, denial of due process under the Fifth Amendment and violation of the First Amendment.
- Court: District Court of Maryland
- Recent Actions: Feb. 13, 2025 – Federal judge in Baltimore blocked two EOs about transgender health care.
- U.S. Supreme Court Case: United States v. Skretti. ACLU and Biden administration challenge Tennessee law, Senate Bill 1 (SB1), banning transgender health care for minors. Tennessee law was upheld in the U.S. 6th Court of Appeals. Lawsuit argues SB1 violates the 14th Amendment.
- Recent Actions: SCOTUS hearing in December 2024. Decision will be released in mid to late 2025. On Feb. 7, 2025, the Trump administration notified the court that in its view the Tennessee law does not violate the Constitution’s guarantee of equal protection. However, the filing did not argue for dismissal saying that prompt resolution of the equal protection question “will bear on many cases pending in the lower courts.”
Defending Women from Gender Extremism and Restoring Biological Truth to the Federal Government
Jan. 28, 2025
Provisions:
- Establishes federal government agencies can only recognize two genders: male and female.
- Federal funds cannot be used to promote “gender ideology,” including to hospitals and health care centers providing gender-affirming care.
- Transgender people must be held in prisons of their gender assigned at birth and prisons must cease in providing gender-affirming health care.
- Federal agencies are required to remove all published and internal guidance documents relating to gender identity.
Legal Actions:
- ACLU, PFLAG and the American Association of Physicians for Human Rights filed a joint lawsuit on Feb. 4, 2025. Lawsuit cites violation of Article 1 of the Constitution, gender discrimination, disability discrimination, Equal Protection clause of the Fifth Amendment, denial of due process under the Fifth Amendment and violation of the First Amendment.
- Recent Actions: Feb. 13, 2025 – Federal judge blocked two EOs about transgender health care.
- Doe v. McHenry III – Three transgender inmates filed an emergency restraining order against the provision that requires transgender inmates to be transferred to a prison for their gender assigned at birth.
- Recent Actions: Feb. 18, 2025 – D.C. federal judge granted emergency restraining order citing the Eighth Amendment.
