Colorado Supreme Court Orders Hospital to Resume Gender-Affirming Care for Minors
Colorado Court Orders Gender-Affirming Care for Minors

The Colorado Supreme Court has mandated that Children's Hospital Colorado, the state's premier provider of gender-affirming care for young individuals, must recommence medical interventions such as puberty blockers and hormone therapy for minors. This ruling comes despite concerns that offering such treatments could jeopardize federal funding.

Background of the Case

Children's Hospital Colorado halted medical treatments for transgender patients under 18 in January after the U.S. Department of Health and Human Services (HHS) launched an investigation into its practices. This followed a series of disputes between the Trump administration and advocates over transgender healthcare for children. The hospital stated it is reviewing the court's decision and contemplating its next steps, while continuing to provide mental health support for minors and medical care for patients aged 18 to 21.

Legal Challenge by Patients

Four transgender girls, aged 10 to 17, represented by their parents, filed a lawsuit against the hospital. They alleged that the hospital violated Colorado's antidiscrimination law by denying them treatment based on their gender identity and disability, gender dysphoria—the distress arising from a mismatch between one's gender expression and assigned sex at birth. The plaintiffs expressed fears of undergoing unwanted puberty and developing male characteristics without medication and monitoring, and they cited mental health consequences such as depression and suicidal ideation.

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Court Ruling

In a 5-2 decision, the Colorado Supreme Court sided with the girls, determining that the hospital's cessation of services for minors breached state antidiscrimination law. Justice William Wood III, writing for the majority, stated, "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."

Justice Brian Boatright dissented, arguing that the hospital's decision was not based on the patients' gender identity but rather on "a decision driven by the direct threat to the viability of the entire hospital."

Broader Context

The ruling follows a similar decision by a Kansas judge last week favoring transgender minors. Children's Hospital Colorado's TRUE Center, a leading gender-affirming care program, is one of the largest in the nation and the only comprehensive care center in the Rocky Mountain region, according to the lawsuit. The hospital noted that the HHS investigation was prompted by Health and Human Services Secretary Robert F. Kennedy Jr.'s declaration deeming puberty blockers, hormone therapy, and surgeries unsafe and ineffective for children and adolescents with gender dysphoria. In March, an Oregon-based federal judge ruled in favor of Colorado and 20 other states, determining that Kennedy's declaration overstepped its bounds.

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