A federal judge Tuesday denied a Department of Justice attempt to subpoena a Boston hospital’s records of children receiving “gender-affirming care” at the facility.
The judge called the subpoena a “bad faith” attempt to stop Boston Children’s Hospital from providing the services, to stop patients from seeking them, and to infringe on Massachusetts’ “right to protect” gender-affirming care.
“The administration has been explicit about its disapproval of the transgender community and its aim to end” gender-affirming care, U.S. District Judge Myong Joun wrote. “The subpoena reflects those goals.”
The hospital previously faced scandal after reports revealed that it had performed 65 so-called gender-transition surgeries on children as young as 13—a fact it attempted to cover up after public outcry.
Now, Joun’s decision stops the DOJ from obtaining patient and staff records relating to the hospital’s provision of those services.
The DOJ said its subpoena was meant to investigate “whether off-label promotion and/or unlawful dispensing of puberty blockers and cross-sex hormones for use by minors violated federal law.”
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But in July, Boston Children’s Hospital asked the court to quash the subpoena, calling it “the latest salvo in the current administration’s effort to prevent patients from accessing lawful medical care.”
“BCH [Boston Children’s Hospital] is dedicated to improving and advancing the health and well-being of children,” it wrote. “GAC [gender-affirming care] is a vital lifeline for many gender-diverse individuals.”
It claimed the subpoena was overbroad and requested unnecessary information, citing the DOJ’s request for the Social Security numbers of patients who received its services.
On Tuesday, Joun, a Joe Biden appointee and the chair of the Boston district court’s diversity, equity, and inclusion commission, sided with the hospital, calling the subpoena a “fishing expedition” made up of “overbroad requests.”
Boston Children’s Hospital wasn’t the only institution to receive such a subpoena. The DOJ sent subpoenas to hospitals across the country that provide “transgender care” for children, including Philadelphia Children’s Hospital. Philadelphia Children’s Hospital also moved to block the subpoena, with that case currently stalled in a U.S. district court.
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