Transgender activists challenge Trump’s executive order

Transyouthbaltimore
Feb. 20, Baltimore – supporters of trans community line up for security check before going into U.S. Federal Courthouse. They are organizing in response to Trump’s executive order stopping federal funding for trans youth health care. SLL photo

On Feb. 13, nearly 100 members of the LGBTQ community and allies held a protest rally outside the U.S. Federal Courthouse in Baltimore, Maryland, in response to Trump’s executive order stopping federal funding for trans youth health care. Following the rally they packed Courtroom 1A to capacity to hear the lawsuit filed to oppose this executive order.

U.S. District Court Judge Brendan Hurson presided over the lawsuit filed by PFLAG and parents of trans children in addition to a doctors’ organization. The executive order would immediately cut off all federal funding to hospitals and medical institutions, including for research purposes. The cut-off would even apply to funding procedures not related to trans care. The order prohibits Medicaid and Tricare for military families from paying for trans care.

Hospitals in Massachusetts, Maryland, Colorado, Virginia, and Washington have already begun canceling appointments and stopping treatments with hormones and puberty blockers according to ACLU.org. The order stops treatment for any patient under age 19.

During the hearings, the attorneys for the plaintiff opined that “these policies are holding a gun to the head of the hospitals that perform trans health care. It is the threat of stopping funding to the hospitals that makes them stop providing care.” 

The attorneys then argued that the order was unconstitutional due to the separation of powers with the president making funding decisions that should be made by Congress. They then explained that the order would ensure medical institutions receiving any grants would also be stopped if any trans health care is provided. This order, they continued, is in conflict with Equal Protection statutes. The government’s attorney replied to this by saying that the plaintiff’s attorneys’ arguments were too abstract.

During the course of the hearings, Judge Hurson often challenged both sides. Hurson remarked during discussions that these orders, as written, were intended to stop federal funding of trans care immediately. He stated to the court that stopping care in the middle of treatment does not show any concern for the patients. It seems to put the children at extreme risk for suicide, drug and alcohol addictions, depression, and other forms of mental illness.

After both sides completed their arguments the judge rendered his decision. He issued a 14-day temporary restraining order thereby allowing the funding to continue. After that time the order is able to be extended.

The next day, a second hearing was held 3,000 miles away in Washington state, which again challenged Trump’s executive order. The Democratic attorneys general of Washington State, Oregon, and Minnesota filed a lawsuit last week. Three doctors also joined the suit. 

This lawsuit addresses more specifically that the executive order violates equal rights protections, the separation of powers, and states’ powers to regulate what is not specifically delegated to the federal government. Following this hearing, U.S. District Court Judge Lauren King issued a second temporary restraining order.

The LGBTQ community members along with their allies have held multiple protests in response to Trump’s executive order. A movement is building around the country to counter these ongoing attacks as well as to fight back against the many outrageous policies of his administration that are detrimental to the working class. Ultimately, a movement that builds socialism will bring about the end of Trump, Musk, and all of the fascist policies that are part of this capitalist system. 


Join the Struggle-La Lucha Telegram channel