02-03-2025

Protecting Children From Chemical and Surgical Mutilation

Executive OrderView the Original .pdf

The 1-Minute Brief

What: Executive Order 14187, titled "Protecting Children From Chemical and Surgical Mutilation," directs federal agencies to cease funding, promoting, or supporting medical interventions for transgender minors, which it terms "chemical and surgical mutilation." It mandates a shift in federal policy away from established "gender-affirming care" models.

Money: The order aims to defund institutions that provide these services to minors if they receive federal research or education grants. It also directs TRICARE, the Federal Employee Health Benefits (FEHB) program, and the Postal Service Health Benefits (PSHB) program to exclude coverage for these treatments for individuals under 19, with a goal of reducing premiums. While a precise CBO score for an executive order is not typical, a 2025 CBO estimate for a similar legislative provision projected savings of $700 million over ten years by cutting federal funding for these services in Medicaid/CHIP.

Your Impact: The order will most likely directly affect transgender individuals under 19 and their families by restricting access to medical care through federal insurance programs and federally funded institutions. This could force families to seek care out-of-state or halt treatments, while also impacting medical providers and hospitals who may face loss of funding or legal challenges.

Status: Issued on January 28, 2025, and currently in effect. The order is facing multiple legal challenges, with several states suing to block its implementation.


What's Actually in the Bill

Executive Order 14187 establishes a federal policy to prevent the use of federal resources for medical procedures related to gender transition for individuals under the age of 19, which it defines as "children." The order re-labels what major medical associations refer to as "gender-affirming care"—such as puberty blockers, hormone therapies, and surgeries—as "chemical and surgical mutilation." It directs all executive branch agencies to align their policies and funding with this new directive.

Core Provisions:

  • Rescinds Existing Guidance: Requires federal agencies to rescind all policies that rely on guidance from the World Professional Association for Transgender Health (WPATH), a body that has developed standards of care for transgender health over several decades.
  • Defunds Institutions: Orders agencies providing grants to medical schools and hospitals to ensure these institutions end the specified procedures for minors.
  • Restricts Insurance Coverage: Directs the Department of Defense to exclude these treatments from TRICARE coverage for minors. It also instructs the Office of Personnel Management to ensure the Federal Employee Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) programs exclude this coverage for the 2026 plan year.
  • Limits Medicaid/Medicare: The Secretary of Health and Human Services (HHS) is instructed to use all available authorities, including Medicare and Medicaid rules, to end these procedures for children.
  • Prioritizes Investigations: The Attorney General is directed to prioritize investigations into providers of this care for potential fraud and deception, and to coordinate with states to enforce laws against female genital mutilation, which the order appears to conflate with gender-affirming treatments.
  • Creates Legal Pathways: Instructs the Department of Justice (DOJ) to work with Congress to draft legislation creating a private right of action (the ability for individuals to sue) for those who received these treatments as minors.

Stated Purpose (from the Sponsors):

The order states its purpose is to end what it calls a "dangerous trend" of medical professionals performing "irreversible medical interventions" on children under the "radical and false claim that adults can change a child's sex."

  1. Protect children from procedures the order deems as "maiming and sterilizing."
  2. Ensure federal funds are not used to "fund, sponsor, promote, assist, or support" the gender transition of a child.
  3. Reverse reliance on what it terms "junk science" from organizations like WPATH and establish new best practices based on a review by HHS.

Key Facts:

Affected Sectors: Healthcare, Insurance, Medical Research, and Education.
Timeline: Agencies were required to submit a progress report within 60 days of the January 28, 2025 order. The HHS review of literature was due within 90 days.
Scope: Nationwide, affecting all federal agencies, federally funded medical institutions, and federal health insurance programs. It specifically targets medical care for individuals under 19 years of age.


The Backstory: How We Got Here

Timeline of Events:

The Rise of Gender-Affirming Care and State-Level Conflicts (2010s-Early 2020s):

  • Medical Consensus Forms: Throughout the 2010s, major U.S. medical organizations, including the American Academy of Pediatrics and the Endocrine Society, consolidated their support for gender-affirming care for youth, often referencing the guidelines set by the World Professional Association for Transgender Health (WPATH), whose standards of care have been updated periodically since 1979.
  • State-Level Bans Proliferate: Starting with Arkansas in 2021, a wave of states with Republican-controlled legislatures began passing laws to ban or restrict access to gender-affirming care for minors. By early 2024, over 20 states had enacted such laws, leading to numerous court challenges. These laws imposed penalties on providers, and in some cases, parents.
  • Federal Government Actions (Pre-Executive Order): The Biden administration took steps to protect access to this care, with the Department of Justice (DOJ) issuing a letter in 2022 warning states that restricting such care could violate federal law. This created a sharp divide between federal policy and the actions of many states.

Why Now? The Political Calculus:

  • Escalating Culture War: The issue of transgender rights, particularly for youth, became a central and highly divisive issue in American politics. It emerged as a key focus for social conservatives, with polling showing significant partisan divides on the issue.
  • Post-Election Priority: The executive order was signed on January 28, 2025, just days after the start of a new presidential administration, signaling it as a top policy priority. It reflects a campaign promise to use federal power to restrict these medical practices nationwide.
  • Supreme Court Decision: In June 2025, the Supreme Court ruled in United States v. Skrmetti that a Tennessee law banning gender-affirming care for minors did not violate the U.S. Constitution's Equal Protection Clause. This ruling emboldened efforts to restrict care at both the state and federal levels.

Your Real-World Impact

The Direct Answer: This directly affects transgender youth under 19, their families, and the healthcare providers and institutions that serve them.

What Could Change for You:

Potential Benefits:

  • For those who believe gender-affirming medical interventions for minors are harmful, this order aligns federal policy with their views, potentially preventing procedures they consider dangerous and irreversible.
  • Taxpayers who object to federal funds being used for these services may see this as a positive redirection of resources.

Possible Disruptions or Costs:

Short-term (Immediate to 1 year):

  • Loss of Care: Families with federal insurance (like TRICARE) or who use federally-funded hospitals could immediately lose access to or coverage for puberty blockers, hormone therapy, and related medical care for their children.
  • Provider Uncertainty: Hospitals and clinics, fearing the loss of significant federal grants, have already begun shutting down or pausing their gender-affirming care programs, even in states where the care is legal.
  • Increased Travel and Cost: Families may be forced to travel to states without such restrictions or pay entirely out-of-pocket for care, creating significant financial and logistical burdens.

Long-term:

  • Permanent Lack of Coverage: Federal health plans may permanently exclude gender-affirming care for minors, making it inaccessible for military families, federal employees, and others.
  • Legal Ramifications for Doctors: Medical professionals could face increased risk of investigation and legal action from the Department of Justice. The order directs the DOJ to use various laws, including those related to fraud and female genital mutilation, to target providers.

Who's Most Affected:

Primary Groups: Transgender individuals under 19, their parents, military families, federal employees, and healthcare providers specializing in gender medicine.
Secondary Groups: Medical schools and hospitals receiving federal funds, insurance companies, and LGBTQ+ advocacy organizations.
Regional Impact: While the order is federal, its impact is felt acutely in states that have passed laws protecting access to care. In these "sanctuary states," providers now face a conflict between state law and federal directives, putting them in an impossible position.

Bottom Line: The order significantly curtails access to and funding for medical treatments for transgender youth, forcing families to navigate a complex and often hostile landscape to obtain care that major medical associations deem necessary.


Where the Parties Stand

Republican Position: "Protecting Children from Irreversible Harm"

Core Stance: The federal government should not support or fund medical interventions for gender transitions in minors, viewing them as experimental and harmful.

Their Arguments:

  • ✓ They argue the order protects impressionable children from making life-altering decisions they may later regret.
  • ✓ They contend that the science behind "gender-affirming care" is not settled and that psychotherapy should be the primary approach.
  • ✗ They oppose the WPATH standards of care, labeling them as ideological "junk science" rather than evidence-based medicine.

Legislative Strategy: To enforce the executive order through agency action, prioritize DOJ investigations into providers, and promote legislation creating a private right to sue medical professionals.

Democratic Position: "Protecting Access to Lifesaving Healthcare"

Core Stance: The federal government should ensure access to medically necessary, gender-affirming care for transgender individuals, in line with the consensus of major medical organizations.

Their Arguments:

  • ✓ They argue that gender-affirming care is evidence-based, medically necessary, and can be lifesaving for transgender youth, who face high rates of suicide.
  • ✓ They assert that denying this care is discriminatory and violates the Equal Protection clause of the Constitution.
  • ✗ They oppose the executive order's redefinition of care as "mutilation" and view the administration's actions as a politically motivated attack on a vulnerable minority.

Legislative Strategy: To challenge the executive order in court, with numerous state attorneys general filing lawsuits arguing it is an unconstitutional overreach of federal power that infringes on state sovereignty. They also advocate for passing the Equality Act to codify protections for LGBTQ+ people into federal law.


Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The executive order relies on the President's broad powers under Article II of the U.S. Constitution to manage the executive branch and to "take Care that the Laws be faithfully executed." This allows the President to direct how federal agencies use their funds and enforce existing laws, provided those directives do not contradict statutes passed by Congress or violate the Constitution.

U.S. Constitution, Article II, Section 3: "[The President] shall take Care that the Laws be faithfully executed..."

Constitutional Implications:

[Spending Power]: The order uses the federal government's significant financial leverage (control over grants, Medicare, Medicaid, TRICARE) to enforce a policy preference. This is a common mechanism, but opponents argue it is being used here to coerce and intimidate providers into stopping lawful medical care.
[Equal Protection]: Opponents, including multiple state attorneys general, argue the order is discriminatory because it singles out transgender individuals and denies them access to medically necessary care based on their sex and gender identity, potentially violating the Fourteenth Amendment's Equal Protection Clause.
[Federalism]: The order has been challenged as an overstep of federal authority into the states' traditional power to regulate healthcare. Attorneys general argue it creates an impossible conflict for providers in states that have laws protecting access to gender-affirming care.

Potential Legal Challenges:

  • Exceeding Executive Authority: Lawsuits argue the President is effectively creating a new law and a nationwide ban on a type of healthcare without congressional approval, exceeding the authority granted by Article II.
  • Administrative Procedure Act: Opponents claim the sweeping changes to agency policy and guidance were made without the proper notice-and-comment rulemaking process.
  • Discrimination Lawsuits: The order is being challenged in federal court by coalitions of states arguing it unlawfully discriminates against transgender youth and interferes with state laws. These suits have already led to temporary injunctions against parts of similar executive orders.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call The White House: White House Comment Line: (202) 456-1111. "I am calling to express my support for Executive Order 14187, 'Protecting Children From Chemical and Surgical Mutilation.'"
  • Contact Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support the president's executive order on protecting children and to pass legislation that makes it permanent."

30-Minute Deep Dive:

  • Write to the DOJ and HHS: Contact the Attorney General and the Secretary of Health and Human Services to encourage vigorous enforcement of the order's directives.
  • Join an Organization: Groups like the Alliance Defending Freedom, Family Research Council, and Genspect advocate for policies that align with the executive order.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call The White House: White House Comment Line: (202) 456-1111. "I am calling to express my strong opposition to Executive Order 14187 and the administration's attacks on transgender youth."
  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose Executive Order 14187 and to support the rights of transgender youth to access medical care."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper explaining the importance of gender-affirming care and opposing government overreach into medical decisions.
  • Join or Donate to an Organization: Groups like The Trevor Project, Point of Pride, Trans Lifeline, PFLAG, and Advocates for Trans Equality are actively fighting these policies and providing support to affected families. Many offer direct financial assistance for care and relocation.