Consitutional Rights Legal Firm Obtains Emails Showing HHS Support for ‘Gender-Affirming Care’ in Prohibited States

A constitutional rights litigation firm has obtained internal emails revealing the Biden administration’s efforts to find ways around state bans on gender transition medical procedures.

In February, American First Legal (AFL) filed a lawsuit against the U.S. Department of Health and Human Services (HHS) for its alleged refusal to comply with the Freedom of Information Act (FOIA) in handing over communications regarding HHS Assistant Secretary Rachel Levine and transgender clinics, according to the AFL’s press release.

In March 2023, the AFL began its investigation into the HHS by filing a FOIA request after Mr. Levine publicly stated that the federal government—including President Joe Biden—supports medical transitioning of children.

The litigation eventually brought forth emails revealing that “the Biden Administration is trying to radically change governmental data and statistics on sex in the name of ‘gender identity,’” the AFL said.

In one email, Mr. Levine told former Region 10 HHS Regional Director Ingrid Ulrey that his “heart goes out to our LGBTQ brothers and sisters” after legislation passed prohibiting the medical transitioning of children.

“We are continuing to push this issue nationally and will keep you up to date with our plans,” Mr. Levine wrote.

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Attached to the emails was a readout of questions and definitions the director sent to HHS on “gender-affirming care” (GAC).

The readout shows how health officials sought to “remove barriers” of parental consent as a condition for “gender-affirming care,” in addition to calling for “federal cover” in response to state regulations.

The readout asks if Medicaid will continue to cover medical transitioning, and in states where it is banned, would it be “permissible in any type of prison setting?”

‘Depoliticizing’ Gender-Affirming Care

Ms. Ulrey provided anonymous testimonies from providers who expressed concern over losing Medicaid funding for continuing to perform GAC.

“We are trying to depoliticize this by working with the Medical Association to publish white papers on the value of GAC, ouside of session,” one provider wrote in an email.

Ms. Ulrey wrote that there was an effort in an Alaskan health system to place “mental health counselors in schools and that they are concerned about opposition from parents rights advocates.”

Throughout the emails, HHS officials frame the prohibition of GAC as a civil rights issue and allude to organizations such as Planned Parenthood or going to Canada for treatment.

“People travel long distances to access GAC, but there is no after care, some get care in Anchorage and then sleep on the streets or go back to their village where there is a Village Health Aid with no knowledge about hormonal treatments,” Ms. Ulrey said.

‘Gender Lunacy’

According to the AFL, the emails show how far HHS officials under the Biden administration are willing to go to “promote their gender lunacy, despite state legislation to protect children from these dangerous medical experiments.”

“Gender Marxists throughout Biden’s government continue to push for harmful drugs like puberty blocks and cross-sex hormones that threaten the fertility of our nation’s youth,” the AFL said. “If HHS intends to help promote ‘gender-affirming care” in states that have rightfully banned these practices, they should be prepared to face the rule of law.”

Ian Prior, AFL’s senior adviser, called HHS officials’ attempt to leverage federal power “an anti-science war on reality, with America’s children as the collateral damage.”

“While European nations are drastically pulling back on these dangerous experiments and a number of states are legislating against them, the Biden Administration is plowing full steam ahead in its goal of redefining the foundations of biology, from the doctors’ offices to the athletic fields,” Mr. Prior said. “This comes even as the United States Supreme Court has held that states have a right to enact such legislation. The Biden Administration is supporting crimes against humanity, and America First Legal will continue to fight back until these dangerous practices end.”

The Epoch Times contacted HHS for comment.