Illinois Attorney General Joins Lawsuit Against National Ban on Youth Gender-Affirming Care

Illinois Attorney General Kwame Raoul has joined forces with 19 other state attorneys general in a lawsuit challenging the Trump administration’s attempt to impose a near nationwide ban on gender-affirming care for individuals under the age of 19. This legal action comes after the U.S. Department of Health and Human Services announced a series of regulatory measures aimed at restricting access to such care for minors, including threats to withdraw federal Medicaid and Medicare funding from hospitals that provide these services.

The lawsuit, filed in the Oregon District Court, argues that the Trump administration is bypassing standard legal procedures necessary for rule changes, thereby attempting to enforce a ban that would impact care for individuals under 18 years old. The suit contends that if these changes proceed, they could also jeopardize funding from the Children’s Health Insurance Program (CHIP) for services provided to 19-year-olds, who are legally considered adults.

The attorneys general are seeking to have these proposed changes deemed illegal, asserting that they violate established federal law regarding the creation of exclusions for Medicare and Medicaid. This action is seen as an overreach of federal power and a violation of the Administrative Procedures Act, which grants states the authority over such matters. Raoul stated, “Secretary Kennedy does not have the authority to undermine medical standards of care or set conditions on participation in Medicaid and Medicare through a so-called declaration.”

The lawsuit is co-signed by attorneys general from states including California, Colorado, Connecticut, Delaware, and New York, among others, as well as the governor of Pennsylvania. As of now, the U.S. Department of Health and Human Services has not provided a comment on the legal challenge.

The proposed regulations announced by Robert F. Kennedy Jr. and his team have not yet been finalized or made legally binding. There remains a lengthy rule-making process to follow, including a public comment period set to conclude on February 17, 2026, before any restrictions can be enacted. The department is also facing additional legal challenges from organizations such as the American Civil Liberties Union (ACLU).

These regulatory moves align with a previous executive order issued by Donald Trump on January 28, 2025, which threatened to withdraw federal funding from hospitals that provide gender-affirming care. Such actions contradict the recommendations of major medical organizations, including the American Academy of Pediatrics and the American Medical Association. Despite these recommendations, many hospitals have already begun to limit treatments for thousands of patients due to fears of federal retribution.

The lawsuit emphasizes that “Research and clinical data support gender-affirming care as a safe and effective treatment for gender dysphoria in adolescents.” Furthermore, it states that untreated gender dysphoria can lead to severe mental health issues, including anxiety, depression, and increased suicide risk. For many individuals, access to medically necessary gender-affirming care is not just beneficial but life-saving.

This legal action builds on a previous lawsuit from earlier this year, where Illinois joined other states to contend that the Trump administration overstepped its authority by threatening healthcare providers with federal investigations and criminal prosecutions. The ongoing legal battles reflect a significant clash between state authority and federal policy on healthcare for transgender youth.