Developments in Transgender Rights:
This week’s Transgender Rights Digest covers: (1) the new FTC lawsuit against the World Professional Association for Transgender Health; (2) a narrow win for LGBTQ+ groups regarding the Idaho bathroom ban; (3) the reinstatement of the 988 LGBTQ+ crisis hotline by the Trump Administration; (4) the launch of a new transgender healthcare clinic for adults in New York city, championed by Mayor Mamdani; (5) updates on Department of Justice attempts to access the medical files of transgender and gender non-conforming youth in Rhode Island and California; (6) the reelection of Zooey Zephyr in Montana; and (7) Nancy Mace’s fifth place finish in the South Carolina gubernatorial primary.
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Top Line News Stories
Federal Trade Commission and States Sue the World Professional Association for Transgender Health Over Alleged Deceptive Claims:
On June 17th, the Federal Trade Commission (FTC), along with Alaska, Iowa, Nebraska, and Texas, filed suit against the World Professional Association for Transgender Health (WPATH) in the U.S. District Court of the Northern District of Texas. The complaint focuses heavily on the ‘market’ for transition services that they allege is created and expanded by WPATH through the self-publication and distribution of its Standards of Care (SOC), which are evidence and consensus based clinical guidelines for medical transition services. The FTC feigns concern for youth by arguing that the latest version of the SOC provides either misleading at best or fraudulent at worst recommendations for medical transition services by omitting age limitations for mastectomies or penectomies. The Nebraskan, Iowan, and Alaskan Attorney Generals all echoed a similar sentiment: that WPATH is not a medical body, but instead advances profit-driven ideology unsupported by science and makes recommendations based on politics rather than science.
Although WPATH has not yet filed its response, on June 17th, it published an organizational statement referencing prior federal court wins against the FTC and a federal court finding that the FTC “is acting out of pure retaliation as a part of the federal government’s relentless and targeted campaign to undermining gender-affirming care.”
The lawsuit will likely prompt statements from organizations and advocates across the nonprofit sphere. The Consumer Federation of America wrote that the FTC could be a “powerful fighter against high prices”, but instead they have chosen to fight a “baseless culture war,” and that American consumers should “question whether this is the best use of public time and resources.”
Trump Administration to Reinstate Crisis Hotline for LGBTQ+ Youth After Eliminating the Program in 2025:
The 988 Lifeline program offers confidential 24-7 mental health and suicide prevention services to individuals in crisis across the nation. People experiencing acute emotional distress or suicidal ideation can call, text, or chat with counselors who are trained to help and are able to refer individuals to further wellness services. Every 45 seconds in the United States, an LGBTQ+ person between the ages of 13-24 years old attempts suicide. Despite this, the Trump Administration cut the 988 Lifeline’s Press 3 initiative last year, which was created to reroute incoming calls from self-identified LGBTQ+ individuals to specialized crisis counseling. This stripping of services for at-risk queer folks is characteristic of this administration’s open hostility towards LGBTQ+ citizens.
In May, members of Congress sent a bipartisan letter to Department of Health & Human Services Secretary Robert F. Kennedy, Jr. demanding that Press 3 services be reinstated following both Kennedy’s own testimony stating that they would be and prior Congressional appropriation of over $33 million dollars towards the initiative. Though Press 3 Services will be restored, representatives from HHS’s Substance Abuse and Mental Health Services Administration stressed that the revamped program would comply with the President’s Executive Order 14168, which essentially denies the existence of transgender individuals. Rep. Raja Krishnamoorthi of Illinois, a co-signatory of the letter, reminded HHS in a statement that, “Executive Orders cannot override federal law.” However, for now, this administration’s damaging erasure of the transgender community may continue to overshadow the restoration of these life-saving services.
Legislation & Litigation Developments
Overview:
In Rhode Island, a federal judge handed down a scathing ruling quashing an administrative subpoena seeking the medical records of transgender youth; she also referred two DOJ attorneys for disciplinary action based on their conduct during the case;
In California, the U.S. District Court for the Northern District of California granted a temporary restraining order prohibiting a hospital from complying with a grand jury subpoena that similarly sought the medical records of youth receiving gender-affirming care; and
In Idaho, a federal judge issued an injunction partially blocking a draconian bathroom ban that applies to both public and private buildings.
Rhode Island Judge Refers DOJ For Potential Discipline In Transgender Rights Case:
On Friday, June 5th, U.S. District Judge for Rhode Island Mary McElroy referred two U.S. Department of Justice attorneys – Brantley Mayers and Jordan Campbell – for disciplinary hearings based on actions taken during arguments over an administrative subpoena seeking six years of medical records for minor patients treated at Rhode Island Hospital. Last month, McElroy – a Trump-appointee – issued a scathing ruling nullifying the subpoena itself.
In her 24-page ruling quashing the subpoena, McElroy wrote that the DOJ attorneys “acted in bad faith, fibbed to federal courts, and sought records guarded by Constitutional rights.” She called the DOJ unworthy of citizen trust, as it had “misrepresented and withheld information to both [her] Court and the United States District Court for the Northern District of Texas.” She accused Mayers and Campbell of misleading the parties in Rhode Island in such a way that the plaintiffs have now been placed in an “untenable and unprecedented procedural position.”
The Rhode Island federal judiciary will review McElroy’s referral and determine the appropriate course of action under the local rules. As of this newsletter, no proceedings have been scheduled and there is no timeframe for a decision. DOJ spokesperson Natalia Baldassarre derided McElory’s conclusion, and stated that the Civil Division of the DOJ had “thoroughly reviewed the allegations and deemed them without merit.” She went on to say that although the DOJ is “committed to taking all appropriate remedial action where warranted,” the agency also “stands behind its attorneys without reservation and has appealed the… erroneous order.”
Federal Judge Temporarily Blocks DOJ from Accessing Names and Medical Files of Trans Youth in California:
On June 8th, Judge P. Casey Pitts of the U.S. District Court for the Northern District of California ordered Lucile Salter Packard Children’s Hospital (Stanford) to not turn over sensitive patient information in response to a grand jury subpoena issued by the Northern District of Texas. Judge Pitts further ordered that the DOJ may not seek to enforce any similar grand jury subpoena seeking sensitive patient information issued to any healthcare provider in the State of California. The order came one day prior to the DOJ’s deadline for Stanford to turn over the medical records. The block reverses the Court’s prior decision not to grant preliminary relief to the plaintiffs, in part because they raised constitutional questions against a non-state actor.
On June 17th, however, the DOJ filed a brief arguing that the District Court lacks the authority to block a grand jury subpoena, because any challenge to the subpoena belongs in the district court supervising the grand jury, which in this case would be the District Court for the Northern District of Texas. The brief requests that if Judge Pitts grants a temporary restraining order, injunction, or certifies the class, that he stay his opinion for ten days to allow the government to appeal. The next motion hearing is set for 24 June.
Idaho Judge Allows Transgender People To Use Multi-Occupancy Bathrooms Only If A Single Stall Bathroom Is Unavailable:
Idaho House Bill 752 (HB 752), set to take effect on 1 July 2026, prohibits a person from entering the restroom or changing room that doesn’t match their sex assigned at birth. It amends Idaho Code to make knowingly entering a bathroom that doesn’t match a person’s sex assigned at birth in a government-owned building or place of public accommodation, or any place that is open to the public where commerce is carried out per the Americans With Disabilities Act, a misdemeanor punishable by up to a year in jail. Any subsequent offenses are felonies, with imprisonment of up to five years. It is the only state ‘bathroom ban’ that extends to private businesses, raising serious concerns about discrimination in public accommodations.
On June 16th, a federal judge in the District Court of Idaho issued a preliminary injunction that partially prevents HB 752 from going into effect. However, contrary to some reporting, the injunction is narrow – a trans person in Idaho is able to use: (1) a single user restroom; (2) a multi-user facility that aligns with their gender identity if there is no single user facility on the same floor as the multi-user facility; or (3) a multi-user facility aligned with their gender identity if the single-user restroom on the same floor is either occupied or out-of-service.
Additionally, Idaho law enforcement has noted that the law will be difficult to enforce and require too much discretion on the part of officers. When brought up in court, the state suggested that individuals suspected of violating HB 752 could be DNA tested to confirm their assigned sex at birth. In the ruling, the Judge reminded Idaho that law enforcement can’t collect DNA without consent or a warrant, unless an individual is already convicted of certain crimes. These open and escalating calls for invasive and illegal DNA testing raise alarm bells over privacy concerns for everyone
Trend and Policy Watch
Zooey Zephyr Wins Primary Election for Montana House of Representatives:
Montana State Representative Zooey Zephyr won her most recent primary election on June 2nd, 2026 with 100% of the vote. She is running unopposed in this election cycle, and ran unopposed in the past two election cycles as well. This means that Montana can look forward to another two-year term with a trans Representative in the state legislature.
In addition to the great news of Rep. Zephyr’s victory, in April, the Supreme Court of Montana ruled that transgender citizens are protected as a suspect class under the state’s constitution. The landmark ruling ensures equal protection against discrimination for transgender people in an otherwise deeply conservative state. Representative Zephyr has long been fighting against anti-trans legislation introduced in the state, including attempts to restrict trans healthcare, official documentation, and dignity in using the correct restroom. Per journalist Erin Reed, because Montana’s state constitution is more protective of its citizens’ rights than that of the broader United States, and because the ruling is an interpretation by the state of its own constitution, the ruling cannot be appealed up to the Supreme Court, potentially shielding trans Montanians from any hostile federal agenda.
Nancy Mace Finishes Fifth in South Carolina Gubernatorial Primary:
On June 10th, 2026, key anti-LGBTQ+ legislator Nancy Mace finished fifth place in South Carolina’s gubernatorial primary. Mace shaped her tenure in Congress around targeting transgender people, including championing a bill banning transgender individuals (most notably transgender Congresswoman Sarah McBride) from using Capitol bathrooms aligned with their gender identity. When Congresswoman McBride congratulated Mace on her “respectable” fifth place finish, she referred to Mace as “Congress’s top bathroom sheriff.” Throughout her career, Mace used slurs against transgender protestors, filed assault charges against a transgender foster care activist for a handshake, and, alongside Lauren Boebert, attacked a cisgender woman on the suspicion that she was a transgender woman using the wrong bathroom. Mace finished with 12%, not winning a single county in South Carolina, including her home county of Charleston. She also will not be able to keep her House seat, as the filing deadline has passed, meaning that, come January 2027, Nancy Mace will be out of a job.
Mamdani Launches City-Run Transgender Healthcare Clinic For Adults Only:
New York City Mayor Zohran Mamdani is celebrating Pride this month with the launch of a city-run transgender healthcare clinic. Though the direct-care clinic has long been a dream of many LGBTQ+ advocates and care recipients in NYC, exasperatingly, the clinic will not allow care for any patients under the age of 19 years old. The NYC Health Commissioner has stated that the decision to withhold gender-affirming care for minors was made to prevent federal funding clawbacks. Although disappointing, this news is unsurprising, as the current administration has been extremely vocal in its hostility towards science-backed, physician-approved, age-appropriate care for transgender youth and has pursued baseless investigations into a multitude of clinics providing such care.
As for the rest of Mamdani’s track record on transgender issues, he is credited with creating the Mayor's Office of LGBTQIA+ Affairs and appointing a transgender civil rights attorney to direct it, and launching the “Trans Rights Are Human Rights” Campaign. Critics note, however, that the Mayor’s most recent pledge of $15 million over two years for trans healthcare in New York City falls far short of his campaign promises and that his capitulation to President Trump on the provision of transgender healthcare is disappointing.