Developments in Transgender Rights:
This week’s Transgender Rights Digest covers multiple high profile transgender rights cases as the federal government continues to target transgender healthcare across the country.
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Top Line News Stories
The Transgender Rights Case That is Breaking the Courts
In a procedurally bizarre case involving four different courts, Judge O’Connor of the Northern District of Texas (N.D. Texas) has ordered Rhode Island Hospital (RIH) to hand over all subpoenaed information to him personally, despite the subpoena being quashed by Judge McElroy in the District of Rhode Island (D. RI). The Department of Justice (DOJ) is currently enjoined from receiving the information by order of McElroy as both courts compete for jurisdiction and narrowly avoid a full-on constitutional crisis.
Judge McElroy has accused the DOJ of forum shopping, stating, "I think we can all agree you sought a favorable forum or what you believe to be a favorable forum" by running to the N.D. Texas. Until this point, the DOJ had failed against seven different challenges to their overbroad and illegal subpoenas. In January of this year, Lawyers for Good Government announced they had reached a settlement with the DOJ after the Department agreed to withdraw its subpoena demanding the medical records of over 3,000 transgender youth at Children's Hospital Los Angeles.
Rhode Island Hospital has begun complying with the N.D. Texas order and confirmed in a notice to the court that it turned over some of the requested information, though RIH emphasized that it had attempted to de-identify the information to conceal patient identities as agreed upon by the DOJ.
As Madiba K. Dennie so eloquently concluded in her article – “Judges like McElroy have broadly agreed that the DOJ is not allowed to bully trans kids. O’Connor volunteered to bully trans kids in the DOJ’s stead.”
NYU Langone Served with Grand Jury Subpoena
On May 11th, 2026, NYU Langone Hospital (NYULH) notified its patients that it had been served a grand jury subpoena from the U.S. Attorney’s Office in the Northern District of Texas (N.D. Texas). According to the notice, NYULH was one of several institutions to receive a grand jury subpoena in connection with transgender healthcare on May 7th, 2026. As of Thursday, May 21st, 2026, no other recipients have been publicly disclosed.
This is a significant escalation in federal attacks on gender affirming healthcare and is an intrusion into a state’s sovereign right to regulate healthcare. Grand Jury Subpoenas are more difficult to challenge due to the secret nature of Grand Jury investigations. NYULH is required under state law to disclose the receipt of the subpoenas but most states do not have shield laws as robust as New York. Furthermore, Grand Jury Subpoenas have additional teeth, allowing courts to hold those who refuse to comply in contempt, including criminal contempt. These grand jury subpoenas have been issued while the DOJ simultaneously seeks to enforce a HIPAA subpoena against Rhode Island Hospital, as discussed above.
Colorado Supreme Court Rebukes Lower Court Ruling Against Transgender Youth
The Colorado Supreme Court has ruled that Children’s Hospital of Colorado (CHC) must reopen its gender clinic after finding that the lower court that denied a preliminary injunction against CHC had “abused its discretion.”
When weighing the public-interest factor to determine if transgender youth met the required factors set out in Rathke v. MacFarlane, the trial court had determined that the potential harm to the public posed by The Trump administration’s threats to cut funding outweighed the harm to transgender youth due to the sheer number of people affected. The Colorado Supreme Court held that it is inappropriate to simply weigh the number of individuals affected when anti-discrimination laws and protected classes are involved.
The Colorado Supreme Court further held that when balancing equities, judges should favor granting an injunction “when the alleged harm to the nonmoving party is speculative and the moving party has demonstrated actual harm.”
Legislation & Litigation Developments
Tennessee Creates Registry of Adults Receiving Gender Affirming Care
On May 7, 2026, Governor Lee signed HB 0754, which imposes new regulatory burdens on adult care. It requires any healthcare facility receiving state funds that provides gender-transition procedures to also offer "detransition" care. It also mandates that insurance providers covering transition procedures provide equal coverage for detransitioning. Additionally, healthcare providers must report de-identified data about gender affirming care —including patient age, diagnosis, and treatment type—to the Department of Health. Failure to comply can result in a license suspension of at least six months and fines up to $150,000.
Colorado Creates Civil Actions for Conversion Therapy Survivors
Pending Governor Signature – Effective July 1st, 2026: On May 7, 2026, Colorado passed bill HB 26-1322, Civil Actions for Conversion Therapy Survivors. This bill establishes a cause of action that is viewpoint neutral for claims of injury to directly address the concerns raised in the Supreme Court's decision on Colorado's Conversion Therapy Law. Under this bill, the definition of conversion therapy in Colorado Law will be amended to mean "any practice or treatment by a licensed mental health-care provider that seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome, or eliminate or reduce sexual or romantic attractions or feelings towards individuals of a particular sex or gender, regardless of the sexual orientation or gender identity the patient is directed toward." The bill is heading to the governor's desk for signature.
Kansas Gender Affirming Care Ban Likely Violates State Constitution
A District Court in Kansas ruled that Kansas’ ban on gender affirming healthcare for transgender youth likely violates Section 1 of the Kansas State Constitution. The Judge asserts that the ban strips parents of the fundamental right to make medical decisions for their children thus requiring the application of strict scrutiny.
The Judge also found that many of the experts relied upon to defend the law were not credible and gave them very little weight. In his 117 page opinion, he listed 349 findings that indicated that gender affirming care is supported by scientific evidence and credible expert testimony.
The Federal Trade Commission Enjoined From Enforcing Civil Investigative Demand
In our 4th edition, we discussed the ways in which federal agencies are targeting transgender people in accordance with the President's outspoken anti-trans views. A federal Judge has found “extensive animus” against the World Professional Association for Transgender Health (WPATH) and the Endocrine Society and preliminarily enjoined the Federal Trade Commission (FTC) from implementing its Civil Investigative Demand (CID) ruling that both organizations were likely to succeed on their First Amendment retaliation claims against the FTC.
The Court opined that the government’s “wafer-thin justifications” to issue the demands were “lacking evidentiary support” with its findings of “extensive ... animus” towards transgender people and those who support them. This is yet another court that has found that the Trump administration has used “fraud” as pretext to target any organization that supports gender affirming healthcare.
Texas Children’s Hospital Settles with DOJ and Paxton
After a three year legal battle, Texas Children’s Hospital (TCH) has settled with Texas Attorney General Ken Paxton and the Department of Justice (DOJ) agreeing to establish the nation’s first “detransition clinic” and paying the state $10 million. Throughout the three year battle, the TCH turned over more than 5 million documents to Paxton and the DOJ.
Context: “Detransitioning” is a term used for the process by which someone who previously identified as transgender seeks to better align with their assumed gender at birth.
Public Funding for Gender Affirming Care is now Prohibited Under Oklahoma Law
On May 12, 2026, the governor signed SB904 prohibiting the use of public funds, including Medicaid funds, for gender-affirming care for adults and minors. It also prohibits the use of state property, facilities, or buildings in the provision of gender affirming healthcare, regardless of age. The bill went into effect immediately upon signing, and authorizes criminal penalties for violations of the law.
Trend and Policy Watch
Massachusetts AG Issues Legal Advisory In Support of Transgender Healthcare
The Massachusetts Attorney General (AG) issued a legal advisory to Massachusetts healthcare facilities and providers addressing the actions the AG has taken to protect gender affirming healthcare patients and their providers from the Trump administration. It highlights the victory secured by the AG and a coalition of 22 other states in Oregon v. Kennedy. It further clarifies that the proposed federal rules targeting Medicaid/Medicare funding have not been finalized and hold no legal effect as of publication.
The AG minces no words on the final page of the advisory in reminding health care institutions of their obligations under Massachusetts state law:
“Health care institutions should be aware that the decision to stop providing gender affirming healthcare to transgender minors may amount to discrimination on account of sex, gender identity, or disability under the Massachusetts public accommodations statute. Determinations of liability under the public accommodations statute are fact-intensive and involve an examination of the surrounding circumstances in which a decision is made.”
Take Action!
Tell NJ Legislators: Keep Their Hands Off Our Hospitals! Pass S. 2260/A. 2218!
Lawyers for Good Government Action Fund has been proud to partner with transgender New Jerseyans and NJ providers, advocacy organizations and members of the state government to get S. 2260/A. 2218 through two health committees. Now, we need your help to get it over the finish line.
This bill would codify New Jersey's existing shield protections to cover both reproductive and gender-affirming care. It clarifies that NJ providers, patients, and the people who support them are subject solely to New Jersey and federal law — and that hostile out-of-state subpoenas, judgments, and criminal processes targeting lawful care will not be enforced.
Lawyers understand the constitutional stakes of extraterritorial jurisdiction better than most and we have a professional obligation to defend the integrity of New Jersey's courts and the lawful practice of medicine within its borders.
Send your message here: L4GG.org/ShieldNJ!
Tell HUD: Protect LGBTQ Housing
On April 28, 2026, the Trump administration announced a proposal to rescind the Equal Access Rule (EAR), which guarantees equal access to programs and services funded by the U.S. Department of Housing and Urban Development (HUD) regardless of sexual orientation, gender identity, or marital status.
The Equal Access Rule benefits all people seeking access to housing and homeless services, but its impact is vital for transgender and nonbinary people seeking the services of homeless shelters. HUD officials are proposing the elimination of the EAR to replace it with a new rule that would force recipients of federal funding to discriminate against the trans community.
Please submit your comment to our partners at A4TE, and stay tuned for an L4GG comment training if you need support drafting a substantive comment!
Our 5th Edition of the Transgender Rights Digest is dedicated in loving memory of Juniper Blessing. May her kindness and love be felt beyond her wildest dreams. ~Allison
Juniper Blessing was described as “pure love” and “the most amazing person in the world” by her family. According to her community she enjoyed “meteorology, music, singing, and video games like Hollow Knight.” We join Juniper’s community in mourning the loss of a beautiful life to unfathomable violence.
Juniper is just one of many transgender people who have lost their lives to senseless violence this year. Be sure to read our next issue where we will unpack the limited tools at hand for addressing anti-trans hate crimes.