NY AG warns hospitals they'll be breaking state law if they follow Trump's order on transgender healthcare

James sends letter to remind healthcare facilities that refusing to provide gender-affirming care would be in violation of New York state anti-discrimination laws

New York Attorney General Letitia James has warned hospitals that they will be breaking state law if they adhere to President Donald Trump's executive order on transgender healthcare.

Trump signed an executive order last week stating that federal agencies must make sure that hospitals that receive federal research and education grants must "end the chemical and surgical mutilation of children."

The order includes words such as “maiming” and “sterilizing,” – which stands in stark contrast to the terminology typically used when discussing gender-affirming care in the U.S.

Gender-affirming care for children remains a rarity but has garnered the attention and ire of conservatives. On Wednesday, Trump signed a ban on trans women and girls taking part in women’s sports.

James used a letter to remind healthcare facilities that refusing to provide gender-affirming care would be in violation of New York state anti-discrimination laws.

"Regardless of the availability of federal funding, we write to further remind you of your obligations to comply with New York State laws," James said in a statement.

Attorney General of New York Letitia James speaks onstage during the 39th Annual Brooklyn Tribute to Dr. Martin Luther King, Jr. at BAM Peter Jay Sharp Building on January 20, 2025, in New York City. She has warned hospitals not to cease providing gender-affirming care (Getty Images for (BAM) Brooklyn)

Hospitals in Colorado, Virginia, and Washington, D.C., have stated that they were pausing gender-affirming care to adhere to the executive order.

Gender-affirming care includes hormone therapy and, in some cases, surgery in support of an individual’s gender identity. As transgender youth and adults are at a higher risk of suicide, the treatments are often seen as life-saving.

JAMA Pediatrics published a study on January 7 revealing that fewer than one in 1,000 young people with commercial insurance received puberty blockers or hormones between 2018 and 2022.

Trump’s executive order instructs federal insurance programs to ban coverage for gender-affirming care and urges the Department of Justice to push for litigation and legislation against the practice.

James initiated a number of investigations into Trump’s business dealings in 2019, accusing Trump of unlawfully misleading banks and insurers about the state of his assets.

The New York attorney general also filed a civil suit against the president, his children, and the Trump Organization in September 2022 for allegedly taking part in a “fraudulent scheme” to inflate their assets.

Trump has said that James’ investigations of him were politically motivated.