IN SUMMARY
- Rady Children’s Hospital announced it would end gender affirming care for minors.
- The lawsuit seeks to prevent the hospital and its subsidiaries from ending transgender health care – and damages.
Four San Diego-area families allege that Rady Children’s Health violated the civil rights of their transgender children by deciding to discontinue gender-affirming 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 the roughly 1,900 patients of Rady’s gender clinic suffered harm from canceled appointments, inability to access medications such as hormone therapy and emotional distress caused by the hospital’s decision.
“By singling out transgender patients and terminating their medically necessary care without consent or concern for their physical and mental health, defendants have discriminated against plaintiffs on the basis of their sex, gender identity, and disability,” the complaint states.
Representatives for Rady 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 for minors because of “recent federal actions.” The Trump administration has characterized transgender health procedures as “chemical and surgical mutilation” and directed federal agencies to defund any supportive programs.
Federal investigators have subpoenaed clinics and hospitals around the country, including Rady Children’s Health. The Trump administration is also pursuing a rule change that 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 sued Rady in February under a provision of the state’s corporations code, alleging that the health system had violated a merger agreement that required it to maintain existing services, including gender-affirming care. A judge issued a temporary restraining order prohibiting Rady from terminating services. That litigation is ongoing.
LGBTQ advocates across the state criticized Bonta, however, for not pursuing civil rights violation charges against Rady. California law prohibits discrimination on the basis of 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 institutions in California have already terminated or limited gender-affirming care for minors citing federal pressure. Advocates had hoped that legal intervention from the state would have a broader impact on these hospitals.
This lawsuit aims to help patients of Rady’s gender clinic as well as send a message to other children’s health providers, said Shannon Minter, legal director for the National Center for LGBTQ Rights, which represents the plaintiffs.
“We can’t just as a society stand by silently and passively while hospitals, of all places, make decisions to exclude an entire group of people just based on who they are. That sets such a dangerous precedent,” Minter said.
The country’s leading medical societies – including the 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 price they can afford. Visit www.chcf.org to learn more.
