Some Colorado hospitals are lifting a pause and will again provide gender-affirming care to youth.
That’s at least for the moment, as the legal fight over the issue plays out in federal courts.
Earlier this month, both Denver Health and Children’s Hospital Colorado said they were altering their policies and ending gender-affirming care to comply with a new executive order from President Donald Trump.
That order, signed in late January by President Donald Trump, ordered hospitals that get federal dollars to stop offering gender-affirming medical treatments for children and teenagers under the age of 19.
The order stated the United States “will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another.” It also said providers that offer gender-affirming medications or surgeries to those seeking such care could face the loss of federal funding.
The moves by the hospitals came after Colorado officials joined others in challenging the decision, in a pair of court cases, that resulted in a temporary block on the executive order.
On Wednesday, Colorado Attorney General Phil Weiser joined three other states — Minnesota, Oregon and Washington — in a lawsuit to invalidate the presidential order, which Weiser said would, besides jeopardizing federal funding to medical institutions, “criminalize medical professionals that provide gender-affirming care,” according to a press release.
Weiser’s legal action — and the subsequent ruling blocking the order — prompted the hospitals to restart the care, both indicated.
In a statement, Denver Health said patients under 19 will be able to continue to receive medication to support gender-affirming care like puberty blockers and hormone therapy.
New Colorado patients will be able to initiate care, it said. In an email, a spokesman said that won’t be true for people not living in the state.
“At this time we will not be initiating gender-affirming care for new patients under the age of 19 who do not live in Colorado. It is a change in policy and the change is rooted in a lack of clarity we have around the extent to which state laws will protect Denver Health and our providers when caring for out-of-state patients," the spokesman said via email.
But, Denver Health also said it will continue its pause on providing gender-affirming surgeries for patients under 19 due to patient safety and the uncertainty of the legal and regulatory landscape.
“We recognize the strain that actions made outside of our control is having on our patients, their families and their care teams,” the statement said. “We appreciate the community’s understanding and support as we navigate these sensitive issues and remain focused on providing high-quality care for all of our patients.”
In an emailed statement, Children’s Hospital Colorado said it will plan to resume gender-affirming medical care, including puberty-blocking and hormone-based care on Feb. 24, after a court extends the temporary restraining order, which has already been issued in the Washington case, to Colorado. Children’s Hospital Colorado said it has never provided gender-affirming surgical care for patients under the age of 18.
“We are in the process of notifying affected families who depend on us for care,” the statement said.
"Children’s Hospital Colorado believes that families know what is best for their child. Every family should have the right to access expert medical care to support their child's well-being, including gender-diverse youth,” the statement said.
“Like other hospitals across the country, we will continue to assess the rapidly evolving health care and legal landscapes, and we are committed to providing the highest-quality specialty pediatric care within the scope of the law," according to the statement.
Some have spoken out about the original pause.
About two dozen people gathered for what they called an “emergency rally” at Children’s Hospital Colorado last week after the decision to pause gender-affirming care was announced.
An advocate who led the protest, Z Williams, called the resumption of care a “huge relief.”
“I hope that Children's and Denver Health see the error in complying with questionably legal executive orders and then reversing these decisions, (which) creates a painful whiplash for families,” Williams said. “We need Colorado health and political leadership to take more aggressive pro-trans stances and not put families in limbo every time Trump decides to use our community to whip up his base with anti-trans rhetoric.”
Weiser, in a press release Wednesday said gender-affirming care is legally protected health care in Colorado and that the lawsuit seeks to keep it that way.
“The White House executive order is not only illegal but also cruel. I’ve met with health care providers and parents, and they fear that if the executive order is allowed to stand, it will result in irreversible physical and mental health harms for transgender youth,” Weiser’s statement read. “Parents, in consultation with trusted medical providers, know what is best for their child and should have the option to seek the care their child needs to live their best lives.”
