Photo: Alamy
The Justice Department warned New York Attorney General Letitia James on Wednesday to reconsider potential legal action against NYU Langone Health over the hospital’s decision to discontinue certain transgender treatments for minors.
Deputy Attorney General Todd Blanche said in a letter that the department disagrees with James’ claim that the hospital’s policy violates state anti-discrimination law. Blanche said the Justice Department would defend the hospital if the state moves forward with a lawsuit.
Blanche wrote that the state law cited by James, which prohibits discrimination based on characteristics including sex, gender identity and disability, does not apply to NYU Langone’s decision regarding its transgender treatment program.
“NYU Langone’s exercise of its sound discretion to not provide such services and procedures does not constitute discrimination on any of these grounds,” Blanche wrote, according to Fox News.
The warning follows statements from James’ office that it may take “further action” against the hospital. James has argued that ending the program violates New York’s anti-discrimination protections.
Last month, NYU Langone announced it would discontinue its Transgender Youth Health Program.
“Given the recent departure of our medical director, coupled with the current regulatory environment, we made the difficult decision to discontinue our Transgender Youth Health Program,” hospital spokesperson Steve Ritea said in a statement.
“We are committed to helping patients in our care manage this change. This does not impact our pediatric mental health care programs, which will continue.”
The program previously offered treatments including hormone therapy for minors, such as puberty blockers.
After the announcement, James warned the hospital that it could face legal action and gave it 10 days to reinstate the program.
“NYU Langone’s change in policy is self-imposed; there has been no change in federal law to require the cessation of medically necessary transgender healthcare,” James wrote.
Blanche said the Justice Department’s position is supported by a Supreme Court ruling last year in United States v. Skrmetti, which upheld Tennessee’s law restricting certain transgender medical treatments for minors.