Families Sue Rady Children’s Over Transgender Care Cuts

from Kristen HuangCalMatters

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Four San Diego-area families claim Rady Children’s Health violated the civil rights of their transgender children by deciding to discontinue gender-confirmation care, according to a class-action lawsuit filed Thursday.

The complaint, filed in San Diego County Superior Court, accuses the regional health system of discriminating against transgender children in violation of multiple state laws. It claims approximately 1,900 patients at Rady’s gender clinic suffered damages from canceled appointments, inability to access drugs such as hormone therapy and emotional distress caused by the hospital’s decision.

“By segregating transgender patients and withholding their medically necessary care without consent or concern for their physical and mental health, Defendants discriminated against Plaintiffs based on their sex, gender identity, and disability,” the complaint states.

Radi representatives did not immediately respond to a request for comment. The health system has not yet filed a response in court.

In late January, Rady Children’s Health — which operates hospitals in San Diego, Orange and Imperial counties — said it would no longer provide gender-affirming care to minors due to “recent federal actions.” The Trump administration has characterized transgender health procedures as “chemical and surgical mutilation” and ordered federal agencies to stop funding any supportive programs.

Federal investigators have subpoenaed clinics and hospitals across the country, including Rady Children’s Health. The Trump administration is also looking to change the rules this would eliminate government funding for hospitals that provide transgender health care to minors, effectively creating a near-total national ban on the services.

Attorney General Rob Bonta sues Radi in February under a provision of the state corporation code, alleging the health system violated a merger agreement that required it to maintain existing services, including gender-affirming care. A judge issued a temporary restraining order barring Radi from terminating services. This litigation is ongoing.

However, LGBTQ advocates across the state criticized Bonta for not pressing civil rights charges against Rady. California law prohibits discrimination based on sexual orientation or gender identity and defines gender-affirming services, which can include therapy, hormone treatment and surgery, as “medically necessary health care.”

Other medical facilities in California have already ended or limited gender confirmation care for minors, citing federal pressure. Advocates hoped legal intervention by the state would have a broader impact on these hospitals.

This lawsuit is intended to help patients at Rady’s gender clinic, as well as send a message to other children’s health care providers, said Shannon Minter, legal director of the National LGBTQ Rights Center, which is representing the plaintiffs.

“We can’t just as a society stand by silently and passively while hospitals, of all places, make decisions to exclude a whole group of people just based on who they are. It sets such a dangerous precedent,” Minter said.

The leading medical companies in the country – including American Medical Association and American Academy of Pediatrics – and dozens of independent scientific studies recognize gender dysphoria as a serious medical condition requiring treatment.

Supported by the California Health Care Foundation (CHCF), which works to ensure that people have access to the care they need, when they need it, at a cost they can afford. Visit www.chcf.org to learn more.

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.