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Colorado Supreme Court Orders Resumption of Gender-Affirming Care

In a pivotal decision, the Colorado Supreme Court has mandated that Children’s Hospital Colorado, the state’s leading provider of gender-affirming care for minors, restart medical treatments such as hormone therapy and puberty blockers. This ruling comes amidst concerns that continuing these treatments could jeopardize federal funding.

The hospital had previously halted these services in January following an investigation by the U.S. Department of Health and Human Services (HHS). This investigation was part of ongoing tensions between the Trump administration and advocates for transgender health care.

Children’s Hospital Colorado expressed that it is currently reviewing the court’s decision and evaluating its future actions. Despite the suspension of certain treatments, the hospital has maintained its mental health services for minors and medical care for patients between 18 and 21.

A lawsuit was filed against the hospital by four transgender girls, aged 10 to 17, through their parents. They claimed that the hospital’s refusal to provide treatment due to their gender identity and gender dysphoria, a condition where one’s gender expression does not align with their assigned sex at birth, violated state antidiscrimination laws.

The plaintiffs expressed concerns about not receiving necessary medication and monitoring to prevent the onset of puberty and male physical characteristics, which could lead to mental health issues such as depression and suicidal thoughts.

In a 5-2 decision, the court ruled in favor of the girls, citing that terminating these services violated antidiscrimination laws. Justice William Wood III noted, “We conclude that the actual immediate and irreparable harm to petitioners outweighs the speculative harm CHC may face if the federal government further acts against it.”

Justice Brian Boatright, dissenting, argued that the hospital’s decision was not based on the patients’ gender identity but was instead motivated by the threat to the hospital’s financial viability.

In a related case, a Kansas judge also ruled in favor of transgender minors, aligning with this recent Colorado decision. The TRUE Center at Children’s Hospital Colorado is a prominent program nationally and serves as the sole comprehensive care facility in the Rocky Mountain region.

The investigation by the HHS was initiated after a declaration by Health and Human Services Secretary Robert F. Kennedy Jr. labeled treatments such as puberty blockers and hormone therapy as unsafe and ineffective for young individuals experiencing gender dysphoria.

In a separate ruling, a federal judge in Oregon sided with Colorado and 20 other states, stating that Kennedy’s declaration overreached its bounds.