A federal court has delivered a major victory for trans youth and their families. U.S. District Court Judge Mark A. Kearney has blocked the Department of Justice from obtaining private medical records of children who sought gender-affirming care at the Children’s Hospital of Philadelphia. The DOJ had issued sweeping subpoenas in June to 20 providers nationwide, demanding Social Security numbers, home addresses, emails, and detailed treatment information for trans youth. It also sought employee communications and records dating back to 2020. The hospital sued—and won.
Kearney ruled that “even if this private information could be relevant, the heightened privacy interests of children and their families substantially outweighs the Department’s need to know.” He called the requested records the highest end of the intimate and personal spectrum that includes deeply personal disclosures by children about their bodies, sexuality, trauma… and consent discussions. The judge said he was “not persuaded in the least” by the DOJ’s justification. Children’s Hospital of Philadelphia’s clinic, one of the nation’s largest for trans and nonbinary youth, stands protected—at least for now—against what advocates say is a broader federal effort to end gender-affirming care.
