Attorney General Bonta Files Lawsuit Challenging Trump Administration’s Declaration Attempting to Limit Access to Gender-Affirming Care

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 18 other attorneys general and one Governor in filing a lawsuit in the U.S. District Court for the District of Oregon challenging U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr.’s recent declaration (Kennedy Declaration) that claims gender-affirming care fails to meet professionally recognized standards of care and, as such, HHS may disqualify any doctors or hospitals that provide such care from Medicare and Medicaid. In the lawsuit, Attorney General Bonta and the coalition argue that the Kennedy Declaration violates the Administrative Procedure Act (APA), oversteps the Secretary’s legal authority to regulate medicine, and would cause immediate harm to states’ abilities to administer Medicaid programs in accordance with state laws. 

“Secretary Kennedy’s declaration seeks to advance Trump’s campaign against transgender Americans by attempting to limit access to gender-affirming care for minors,” said Attorney General Bonta. “The declaration aims to bully hospitals into halting this crucial care. It's unlawful, circumventing mandatory notice and comment requirements. With today’s lawsuit, we are once again holding the Trump Administration accountable for overstepping its authority and violating federal law, ensuring transgender individuals are able to receive the care they need.” 

On December 18, 2025, HHS published two proposed rules: one that would prohibit federal reimbursement for gender-affirming care for minors in Medicaid and the Children’s Health Insurance Program (CHIP), and another that would prohibit providers who perform gender-affirming care on minors from participating in the Medicaid and Medicare programs. These proposed rules are just proposals. There is a sixty-day comment period that expires on February 16, 2026. If the Administration attempts to finalize these proposals, the Attorney General’s Office is prepared to take further legal action to prevent them from going into effect.

Also on December 18, HHS issued a declaration by Secretary Kennedy alleging that pharmaceutical and surgical forms of gender-affirming care fail to meet professionally recognized standards for health care. The declaration threatens that HHS can exclude medical providers from Federal health care programs such as Medicare and Medicaid if said providers administer gender-affirming care.

In today’s lawsuit, Attorney General Bonta and the coalition ask the district court to declare the Kennedy Declaration unlawful and issue a permanent injunction. Attorney General Bonta and the coalition argue that:

• Gender-affirming care is medically appropriate and necessary health care. Overwhelming medical research and clinical data support that gender-affirming care is safe and effective.
• The laws governing Medicaid do not authorize HHS to set professional standards of care, and no law permits the Secretary to unilaterally exclude providers from participation based solely on their decision to provide gender-affirming care.
• The Kennedy Declaration harms states by infringing on their statutory rights to act with discretion when administering their respective Medicaid programs, including determining the appropriate amount and scope of coverage.
• The Kennedy Declaration violates the APA by failing to provide notice and a 60-day period for public comment before attempting to establish a substantial new legal standard.

Attorney General Bonta is committed to defending transgender individuals’ rights to safely access medically necessary gender-affirming care. In November, Attorney General Bonta issued guidance outlining protections under California law for medical providers and patients seeking gender-affirming care, as well as obligations for insurers and health plans. In August, Attorney General Bonta co-led a multistate coalition in suing the Trump Administration, challenging federal actions — including President Trump’s Executive Order 14187 — attacking the provision of medically necessary gender-affirming care for individuals under the age of 19.

In filing today’s lawsuit, Attorney General Bonta joins the attorneys general of New York, Oregon, Washington, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin, and the District of Columbia, as well as the governor of Pennsylvania.