A group of three families, on behalf of their transgender children, and two transgender young adults, filed a lawsuit Tuesday in New York seeking to block a subpoena from the Justice Department for NYU Langone to release their medical records and other personal information to the government. The filing is only the most recent in a slate of lawsuits led by trans kids and their families across the country, from Maryland to California.
The timing of these lawsuits is notable as they come in and around Pride Month, a period intended for the celebration of queerness and to honor hard-won battles for social and legal acceptance. Instead, trans children, and their families, are living in fear and using time, energy and resources to protect themselves from the state for the perceived transgression of merely existing.
The timing of these lawsuits is notable as they come in and around Pride Month, a period intended for the celebration of queerness and to honor hard-won battles for social and legal acceptance.
The government’s objective in its subpoena, which bids hospital representatives to appear in court before a grand jury in June and present documents “sufficient to identify each patient” who as a minor received gender-confirming care of any kind dating back to 2020, appears to be twofold: to deny healthcare to trans kids, by, among other things, citing billing to insurance companies as “fraudulent”; and to intimidate healthcare providers from providing gender-confirming care to transgender patients at all.
This tactic appears to be working as trans healthcare centers and clinics around the country shutter, making care increasingly hard to access. “In addition to concerns about how the government might use private health information, parents said they fear that their children’s records will be held up as part of an investigation that ultimately aims to deny them medical treatment,” The New York Times reported Tuesday.
While the DOJ told the Times that it does not respond to requests for comment on grand jury subpoenas or activities, the Times also reported that “[t]he government has said it is acting on the behalf of patients and families as it investigates whether health providers and drug companies have illegally promoted off-label use of medications or used fraudulent billing practices to secure insurance coverage for gender-related treatments to minors.”
The DOJ has based its investigations into gender-confirming care for trans youth in the Northern District of Texas, which is home court for a notoriously reactionary and partisan chief district judge, Reed O’Connor, and therefore “a venue favored by conservatives,” Reuters explains. In the past, O’Connor has taken initiatives to quash legal recourse for the subjects of his rulings, such as Rhode Island Hospital, which has been treating trans minors. “He…issued an injunction claiming to prohibit the hospital from seeking relief in the federal courts that oversee Rhode Island under threat of contempt. And he barred the hospital from ‘aiding and abetting’ any other party that might ask for help from these courts, including the children whose rights will be trampled by disclosure of their records,” Slate reported in May.