Attorney General Bonta Reminds Hospitals and Clinics of Anti-Discrimination Laws Amid Executive Order on Gender Affirming Care

Warns Children’s Hospital Los Angeles of potential violations of state anti-discrimination laws 

OAKLAND – California Attorney General Rob Bonta today reminded California hospitals and federally-funded healthcare providers of their ongoing obligation under California anti-discrimination law to provide gender affirming care amid confusion resulting from President Trump’s Office of Management and Budget (OMB) directive on freezing or pausing federal funding and his executive order on gender affirming care. Attorney General Bonta also issued a letter putting Children’s Hospital Los Angeles on notice of its obligations under state anti-discrimination law, following reports that the hospital is pausing the initiation of hormonal therapies for all gender affirming care patients under the age of 19 and gender-affirming surgeries on minors. 

“California supports the rights of transgender youth to live their lives as their authentic selves,” said Attorney General Bonta. “We will not let the President turn back the clock or deter us from upholding California values. I understand that the President’s executive order on gender affirming care has created some confusion. Let me be clear: California law has not changed, and hospitals and clinics have a legal obligation to provide equal access to healthcare services.”

The California Department of Justice is aware of concerns about gender-affirming care being impacted by recent federal government actions attempting to restrict federal funds to recipients of federal grants, including the availability of federal financial assistance regarding the provision of gender affirming care to minors.

On January 28, 2025, Attorney General Bonta, along with 22 other state attorneys general, filed suit in federal district court to halt the federal government’s illegal efforts to freeze such federal funding. The court issued a temporary restraining order (TRO) on January 31, 2025, prohibiting federal agencies from taking any action that would “pause, freeze, block, cancel or terminate” such funding. As a result of the TRO won by Attorney General Bonta and 22 other state attorneys general, federal agencies must continue to comply with existing grants, awards, and obligations, except as authorized by law.

In a notice sent to federal agencies and filed with the court on Monday, the U.S. Department of Justice (U.S. DOJ) indicated its intent to comply with the court order and affirmed that the TRO blocking the illegal funding freeze applied to all federal funding awards or obligations, including those made to recipients such as hospitals, and federally funded healthcare providers. The U.S. DOJ stated that federal agencies “cannot pause, freeze, impede, block, cancel, or terminate any awards or obligations on the basis of the OMB memo, or on the basis of the President’s recently issued Executive Orders.” As such, the recent executive order pertaining to gender-affirming care for minors does not provide federal agencies with any basis to threaten or revoke federal funding from hospitals and federally funded healthcare providers. 

Furthermore, California law, including the Unruh Civil Rights Act, Civil Code section 51 and Government Code section 11135, prohibit discrimination on the basis of sexual orientation or gender identity. Electing to refuse services to a class of individuals based on their protected status, such as withholding services from transgender individuals based on their gender identity or their diagnosis of gender dysphoria, while offering such services to cisgender individuals, is discrimination. California families seeking gender-affirming care, and the doctors and staff who provide it, are protected under state laws.  

RESOURCES 

California has a number of resources for transgender youth and the broader LGBTQ+ community: 

• California Department of Justice’s Health Equity and Civil Rights webpage
• California Department of Justice’s LGBTQ+ Discrimination Rights webpage
• Transgender, Gender Diverse, and Intersex (TGI) Inclusive Care Act
• California Department of Health Care Services’ Medi-Cal State Inmate Program and Medi-Cal County Inmate Program webpage
• California Civil Rights Department’s The Rights of Employees Who Are Transgender or Gender Nonconforming fact sheet
• California Department of Insurance’s Equal Access to Health Insurance: Coverage for Transgender Californians webpage
• California Department of Managed Health Care’s TGI Care webpage 

If you believe your rights are being violated as part of the enforcement of the President’s executive order, you can file a complaint with the California Attorney General’s Office here or with the California Civil Rights Department here. 

A copy of the letter to Children's Hospital Los Angeles is available here.