Maandag 11 mei 2026 — Editie #11

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Lawsuit Challenges Trump Plan to Collect Trans Kids' Medical Records

Families and doctors filed a federal lawsuit to block the Justice Department from getting medical files of transgender minors. Here's what's at stake.

RainbowNews RedactieMay 13, 2026 — International3 min read
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Photo: RainbowNews Editorial

Several families and doctors have asked a federal court to stop the U.S. Department of Justice from collecting medical records of transgender minors. The lawsuit was filed in early May 2026. The plaintiffs argue the demand violates patient privacy and federal health law.

What the Justice Department wants

The DOJ sent subpoenas to clinics and hospitals across the United States. The agency is asking for records about gender-affirming care for patients under 18. This includes prescriptions, surgery records, and therapy notes. The Justice Department says it needs the data to investigate possible fraud and false claims.

Attorney General Pam Bondi said earlier this year that the department wants to know how doctors decide on treatments. Critics say the real goal is different. They believe the records will be used to build legal cases against doctors and parents.

Why the families are suing

The plaintiffs include parents of transgender children and several pediatric clinics. They say the subpoenas break the federal health privacy law known as HIPAA. That law protects medical records from being shared without consent.

The lawsuit also argues the demand violates the Fourth Amendment. That part of the U.S. Constitution protects citizens against unreasonable searches. The families want the court to issue an injunction. An injunction would block the DOJ from collecting the data while the case continues.

One mother told the court she fears her child's name will end up on a government list. "My daughter is twelve years old. Her medical history is not the government's business," she said in a sworn statement.

How we got here

President Donald Trump signed an executive order in January 2025. The order directs federal agencies to limit gender-affirming care for minors. Since then, several states have passed laws restricting such care. Some states require doctors to report transgender patients to state databases.

In April 2026, a Republican governor signed a law creating a database of transgender patients. That law is also being challenged in court. The DOJ subpoenas are seen as part of a broader federal effort.

This is not the first legal fight over transgender medical data. A federal judge recently blocked the Federal Trade Commission from investigating transgender health groups. The judge ruled the FTC went beyond its legal authority.

What doctors say

The American Academy of Pediatrics and the Endocrine Society both oppose the subpoenas. Both groups say gender-affirming care follows standard medical guidelines. They warn that handing over records will scare families away from seeking care.

A study by The Trevor Project, published in April 2026, found that transgender youth denied hormone therapy are nearly twice as likely to attempt suicide. Doctors cite this research when arguing the subpoenas could cause harm.

"Patients need to trust that their records stay private," said one pediatrician quoted in the lawsuit. "If that trust breaks, they stop coming in. That puts lives at risk."

What the government argues

The Justice Department says HIPAA has exceptions for law enforcement. Under federal rules, agencies can request medical records during a criminal or civil investigation. The DOJ argues its subpoenas fall within those rules.

Government lawyers also point to recent statements from the White House. The administration has called gender-affirming care for minors "experimental" and said it wants stricter oversight. A White House memo from April 2026 listed pro-transgender groups as a security concern, though that memo is being challenged separately.

The legal questions ahead

The court will need to answer several questions. First: do the subpoenas meet the legal standard for a law enforcement exception under HIPAA? Second: are the requests too broad? Federal courts often strike down subpoenas that ask for more data than needed.

Third: does the Fourth Amendment apply when the government asks a third party, like a hospital, for records? This is a complex area of law. The Supreme Court ruled in 2018 that some digital records get strong privacy protection. But medical records sit in a different legal category.

Legal experts say the case could reach the Supreme Court. If it does, the ruling will affect more than transgender care. It could reshape how the federal government accesses medical data in any investigation.

Wider context

The lawsuit comes amid a string of legal battles over transgender rights in the United States. A separate federal lawsuit, filed last week, accuses the DOJ of removing sexual abuse protections for transgender prisoners. Civil rights groups like Lambda Legal are involved in several of these cases.

Outside the courts, the political debate continues. Supporters of the administration say parents and doctors should not make permanent medical decisions for children. Opponents say the federal government is overstepping its role in private medical care.

Similar fights are playing out in other countries. In Hungary, the new government is reviewing LGBTQ+ policies after the recent election. In the United Kingdom, courts have weighed in on transgender policies at universities, including the High Court ruling on the University of Sussex fine. Tech platforms are also under scrutiny, as seen in the Meta Oversight Board case on lesbian content.

What happens next

The federal court is expected to hold a hearing on the injunction request within the next few weeks. If the judge grants it, the DOJ cannot collect the records until the case is decided. A full ruling could take months or longer.

For now, the clinics named in the subpoenas have not handed over any records. Their lawyers say they will wait for the court's decision. Families involved in the lawsuit say they will keep speaking out, but most have asked the court to keep their names sealed.

RR

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