The Colorado Supreme Court has ordered Children's Hospital Colorado to resume gender-affirming care for minors, including puberty blockers and hormone therapy. According to PBS, the ruling came in response to a lawsuit filed by four transgender girls who claimed that the hospital violated state antidiscrimination laws by stopping these treatments.
Key Takeaways
The Colorado Supreme Court ruled that Children's Hospital Colorado must resume gender-affirming care for minors after it was suspended due to federal pressure. Four transgender girls sued the hospital, alleging discrimination under state law.
- The court found a 5-2 majority that the hospital violated antidiscrimination laws by stopping treatments like puberty blockers and hormone therapy.
- Justice William Hood III stated that the immediate harm to patients outweighed potential federal consequences for the hospital.
- The hospital is reviewing the ruling, while dissenting justices argued the decision was driven by financial threats from the federal government.
The court's 5-2 decision found that the immediate harm to patients outweighed any potential federal consequences for the hospital. Justice William Hood III wrote, "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." The treatments were suspended in January after threats from HHS Secretary Robert F. Kennedy Jr., who issued a declaration calling such treatments unsafe and ineffective.
According to Reuters, Justice Hood noted that Kennedy's policy has since been blocked by an Oregon judge, reducing the risk of federal retaliation against the hospital. The majority opinion emphasized that denying access to these treatments based on gender identity constituted discrimination under state law.
The dissenting justices, Brian Boatright and Carlos Samour, argued that the hospital made a "considered decision" to suspend treatments due to financial threats from the federal government. They contended that this action did not constitute discrimination under Colorado's Anti-Discrimination Act. The hospital is currently reviewing the ruling and assessing its next steps.
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