18 Attorneys General File Amicus Brief in PFLAG v. Trump
Attorney General Charity Clark today joined a coalition of 18 state attorneys general in filing an amicus brief in the U.S. District Court for the District of Maryland supporting Parents, Families and Friends of Lesbians and Gays (PFLAG), GLMA: Health Professionals Advancing LGBTQ+ Equality, and individual patients and their families in their lawsuit against the Trump Administration. The coalition have urged the Court to grant PFLAG’s motion for a preliminary injunction.
On February 4, 2025, PFLAG challenged President Trump’s Executive Orders targeting transgender individuals by stating that gender identity was a “false” idea and by attempting to strip federal funding from institutions that provide life-saving gender-affirming care for young people under the age of 19. The coalition of state attorneys general argue that this action blatantly and unlawfully discriminates against transgender youth based on their identity.
“There can be no doubt that gender-affirming care saves lives and should be between a patient and their doctor,” said Attorney General Clark. “I stand with trans and nonbinary people and will continue to fight to ensure that Vermont remains a safe and affirming place for everyone, especially kids.”
The states submitting today’s amicus brief have enacted their own laws, policies, and protections for transgender residents, including transgender youth under the age of 19. These laws include legal protections for gender-affirming healthcare services; policies allowing residents to request a change in the sex designation on their birth certificate; prohibitions on discrimination in schools, employment, real estate, insurance, and other services; and protections for people who lawfully provide or help other access gender-affirming care.
The coalition of states argue that there is considerable medical evidence showing that gender-affirming care improves the health outcomes for individuals with gender dysphoria, a medical condition characterized by significant distress that occurs when an individual’s gender identity differs from their sex assigned at birth. Denying this care can have tragic consequences on patients’ physical and mental well-being. A recent study conducted by the University of Washington found that in individuals ages 13-20, receiving gender-affirming care was associated with 60% lower odds of moderate to severe depression and 73% lower odds of having suicidal thoughts over a 12-month period.
The coalition of states also argue that the Administration’s Executive Orders have sown chaos and confusion among gender-affirming care providers and caused anxiety and fear among transgender youth and their families. The Trevor Project, which provides confidential counseling to LGBTQ+ youth, reported a 700% increase in access to its crisis services since the Presidential election and a 46% increase in volume following the inauguration. In the immediate aftermath of the Executive Orders, facilities across the country halted gender-affirming care for young people, citing fears of losing federal funding for healthcare unrelated to gender-affirming care.
While such care remains available in Vermont, this Executive Order has undeniably and unacceptably scared providers and patients here and across the country. Shortly after PFLAG filed their lawsuit, Attorney General Clark joined 14 other attorneys general in issuing a statement reaffirming their commitment to protecting access to gender-affirming care, reminding providers that federal courts have stopped the Administration from withholding federal funding from institutions, including ones that provide gender-affirming care, and making clear that no federal law prohibits or criminalizes gender-affirming care.
Joining AG Clark in submitting this brief are the attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Washington.
The amicus brief is available to read here.
CONTACT: Amelia Vath, Outreach and Communications Coordinator, 802-828-3171