A United States federal judge has blocked the Department of Justice (DOJ) from issuing subpoenas for the medical records of transgender patients who received
gender-affirming care as minors from providers in New York.
On Wednesday, District Judge Katherine Polk Failla issued a temporary restraining order to prevent access to the confidential files.
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Her decision comes after a hospital disclosed that it had been subpoenaed by Justice Department officials, and several families and patients filed a lawsuit in response.
Failla noted that the subpoenas, undertaken by the administration of President Donald Trump, could constitute a violation of patient privacy.
“Whether by accident or by design, the administration’s policies vis-a-vis transgender persons embody a concerted effort to obtain deeply private information about an entire class of individuals without their knowledge or consent,” the judge said in her ruling.
Since returning to office for a second term, Trump has led a crackdown on transgender protections.
On his first day back in the White House, the Republican leader issued an executive order directing the federal government to reject the idea of gender and only recognise two sexes: male and female.
He followed that order with a series of policy changes to restrict transgender access and services. On January 28, 2025, he signed a directive
to restrict gender-affirming care for transgender youth.
As part of that order, he also called on the Department of Justice to “prioritize investigations and take appropriate action to end” such healthcare practices.
Shortly thereafter, in February 2025, the Pentagon issued a memo to effectively ban
transgender personnel from serving in the military, saying their gender was “incompatible with the high mental and physical standards necessary” for service.
Critics have called the Trump administration’s efforts a concerted attempt to disparage and marginalise transgender people and cast doubt on the legitimacy of their identity.
Failla echoed that assessment in her order on Wednesday.
She said the administration has sought to “identify, to demonise, and ultimately to eradicate an entire population of transgender people”.
Her current restraining order is scheduled to last for 14 days. Failla scheduled a follow-up hearing for July 8 to decide whether to issue a preliminary injunction to extend the block on the Justice Department’s access to confidential medical records.
The subpoena to access the New York medical records was issued by a grand jury in the northern district of Texas, part of the federal court system seen as a sympathetic venue for conservative causes.
Judges around the country, however, have blocked several of the nearly 20 subpoenas the Texas court has issued to clinics and doctors who provide transgender care.
“Today’s order from the court is a victory for the basic privacy of our clients and all families like theirs across New York City,” Omar Gonzalez-Pagan, a lawyer for the plaintiffs at the LGBTQ rights group Lambda Legal, said in a statement.
<small>Source: Al Jazeera</small>
