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A federal judge appointed by former President Joe Biden in 2023 has ruled that Health and Human Services Secretary Robert F. Kennedy Jr. overreached in his December declaration that "sex-rejecting procedures" for children were "neither safe nor effective."
U.S. District Judge Mustafa Kasubhai in Oregon ruled that RFK Jr. exceeded his authority and failed to follow required administrative procedures when HHS issued the declaration.
The ruling grants preliminary relief to health professionals who provide the treatments. The judge also denied the government's motion to dismiss the case, which was brought by 20 blue states and Washington, D.C., that had legalized controversial "sex-rejecting" health services, including "puberty-suppressing hormones, cross-sex hormones, and surgical procedures."
RFK Jr. used "comprehensive evidence review of "documented risks of significant harm, markedly weak evidence of benefit, unfavorable risk-benefit profiles, inadequate existing clinical guidelines, growing international consensus among countries conducting rigorous evidence reviews, and applicable medical ethics principles" to issue the declaration rejected by Kasubhai as an overreach.
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FILE - U.S. District Judge Mustafa Taher Kasubhai testified during a Senate Judiciary Committee confirmation hearing in Washington, D.C., on Wednesday, Oct. 4, 2023. (Eric Lee/Bloomberg via Getty Images)
"Sex-rejecting procedures for children and adolescents are neither safe nor effective as a treatment modality for gender dysphoria, gender incongruence, or other related disorders in minors, and therefore, fail to meet professional recognized standards of health care," the declaration read. "For the purposes of this declaration, 'sex-rejecting procedures' means pharmaceutical or surgical interventions, including puberty blockers, cross-sex hormones, and surgeries such as mastectomies, vaginoplasties, and other procedures, that attempt to align an individual’s physical appearance or body with an asserted identity that differs from the individual’s sex."
The ruling prevents the federal government from immediately enforcing the declaration against hospitals and health professionals.