New York Attorney General Letitia James issued a stern warning to hospitals across the state on Monday, asserting that compliance with President Donald J. Trump’s recent executive order restricting gender-affirming care would violate New York’s anti-discrimination laws.
In a formal letter addressed to healthcare providers, James emphasized that refusing medical services to transgender individuals based on their gender identity or a diagnosis of gender dysphoria constitutes unlawful discrimination. She cited two specific provisions of New York law:
Section 296-D of the New York Executive Law, which prohibits employers from permitting unlawful discrimination against non-employees in their workplace.
Article 4 of the New York Civil Rights Law, which ensures equal protection under the law for all individuals, explicitly barring discrimination based on gender identity or expression, among other protected characteristics.
James’ warning follows Trump’s executive order, which took effect on January 28, aiming to dismantle federal support for gender-affirming care.
The order discontinues reliance on the World Professional Association for Transgender Health (WPATH) guidelines, defunds grants for medical research on gender-affirming treatments, and directs the Department of Defense’s TRICARE program to cease coverage for gender-affirming care for minors. Additionally, the order empowers insurance companies to deny coverage for such treatments and establishes a private right of action for individuals who have received surgical gender-affirming care, allowing them to sue medical providers under an extended statute of limitations.
The executive order is part of a broader set of policies enacted by Trump on his first day back in office, which have already drawn significant legal opposition. Alongside restrictions on gender-affirming care, Trump’s administration has moved to revoke birthright citizenship for children of undocumented immigrants and residents on temporary visas. These measures have triggered legal challenges from at least four states, attorneys general from 22 states, and multiple civil rights organizations.
Human Rights Watch has condemned Trump’s executive actions, warning that they pose a significant threat to human rights both domestically and internationally.
James reaffirmed that New York law provides broader protections than federal regulations and vowed to hold any healthcare providers accountable for discriminatory practices.
“New York will not allow bigotry to dictate healthcare decisions,” James stated. “Denying necessary medical care to transgender individuals is not just unethical—it’s illegal.”
