U.S. Justice Department Seeks Access to Health Records of Young Transgender Patients

The U.S. Justice Department has recently issued subpoenas demanding that numerous healthcare providers provide detailed records related to the care of young transgender patients. This move was revealed in a court filing last week and has sparked significant concern within the medical and LGBTQ+ communities. The subpoenas specifically target records that include everything from early notes to ongoing treatment details, encompassing treatments such as puberty blockers, hormone therapy, and other gender-affirming care.

Currently, 27 states have laws that prohibit most or all gender-affirming treatments for minors, with the Supreme Court upholding a ban in Tennessee earlier this year. Despite bans, some hospitals and clinics continued to provide care, which now appears to be under scrutiny. For example, the Children's Hospital of Philadelphia received a subpoena requesting all documents related to such care dating back to January 2020, even before bans were enacted in certain states.

According to Jennifer Levi, a senior director at GLAD Law, the subpoenas represent an "invasive government overreach," aimed at intimidating healthcare providers and discouraging them from offering gender-affirming treatments. The Justice Department’s actions follow Attorney General Pam Bondi’s public statement in July, where she mentioned issuing over 20 subpoenas but refused to disclose specifics about the recipients or the nature of the information sought.

Legal experts and healthcare providers argue that these subpoenas threaten to hinder or halt vital medical care for transgender youth, which remains legal in several states. Several hospitals and clinics have already scaled back or ceased gender transition programs for minors in response to these legal pressures. Medical professionals working in regions where care is still lawful express fears about potential criminal and civil liability.

The court-ordered subpoenas also come amid broader political and legal battles over gender-affirming treatments, with some state officials and lawmakers claiming that such procedures are harmful or inappropriate for youth. Meanwhile, multiple lawsuits have been filed by Democratic attorneys general challenging efforts to block access to gender-affirming care, asserting that federal actions constitute unlawful intimidation.

Studies, such as one published in JAMA Pediatrics, indicate that fewer than 3,000 adolescents in the U.S. currently receive puberty blockers or hormone treatments, with even fewer undergoing gender confirmation surgeries. Medical organizations have generally supported the availability of such care for minors, considering it an essential component of mental health and well-being. Critics of the federal government's actions warn that these efforts could lead to increased mental health issues and stigmatization among transgender youth.

As the legal and political debates continue, healthcare providers remain cautious, and some have expressed fears of facing prosecution for delivering care deemed legal in their states. The Justice Department has not commented publicly on ongoing investigations or plans related to these subpoenas, but the situation underscores mounting conflicts over transgender healthcare rights in the United States.