California Attorney General Rob Bonta has joined a coalition of 18 other attorneys general and one governor in filing a lawsuit against the U.S. Department of Health and Human Services (HHS) in the U.S. District Court for the District of Oregon. The legal action challenges HHS Secretary Robert F. Kennedy, Jr.’s recent declaration, which claims gender-affirming care does not meet recognized medical standards and threatens to disqualify doctors or hospitals providing such care from Medicare and Medicaid programs.
Attorney General Bonta stated, “Secretary Kennedy’s declaration seeks to advance Trump’s campaign against transgender Americans by attempting to limit access to gender-affirming care for minors. The declaration aims to bully hospitals into halting this crucial care. It’s unlawful, circumventing mandatory notice and comment requirements. With today’s lawsuit, we are once again holding the Trump Administration accountable for overstepping its authority and violating federal law, ensuring transgender individuals are able to receive the care they need.”
On December 18, 2025, HHS released two proposed rules: one would prohibit federal reimbursement for gender-affirming care for minors under Medicaid and CHIP; another would prevent providers offering such care from participating in Medicaid and Medicare programs. These proposals are subject to a sixty-day public comment period ending February 16, 2026.
That same day, HHS issued Secretary Kennedy’s declaration asserting that pharmaceutical and surgical forms of gender-affirming care do not align with accepted health standards. The declaration indicates that HHS could exclude providers administering this type of care from federal health programs.
The lawsuit filed by Bonta and others requests the district court declare the Kennedy Declaration unlawful and issue a permanent injunction against it. Their arguments include:
– Gender-affirming care is considered medically appropriate based on substantial research.
– Federal law governing Medicaid does not authorize HHS to set professional medical standards or exclude providers solely based on offering gender-affirming care.
– The Kennedy Declaration interferes with states’ rights to manage their own Medicaid programs.
– The process violated the Administrative Procedure Act by failing to provide proper notice or opportunity for public comment before establishing new policy.
Attorney General Bonta has previously taken steps supporting access to gender-affirming care, including issuing guidance in November outlining California protections for patients and providers as well as obligations for insurers. In August, he co-led another multistate suit challenging actions by the Trump Administration related to restrictions on gender-affirming health services for those under age 19.
Bonta leads California’s chief law enforcement office according to its official website, which provides legal representation, consumer protections, civil rights enforcement, criminal investigations, forensic support, and promotes transparency through initiatives like OpenJustice. The Attorney General’s office serves as an integral part of California’s executive branch as outlined in state documents.
In addition to Bonta representing California, attorneys general from New York, Oregon, Washington, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Wisconsin; the District of Columbia; and Pennsylvania’s governor have joined this legal challenge.