Washington state Attorney General Nick Brown filed a federal lawsuit Friday challenging President Trump's executive order blocking funding to medical institutions providing gender-affirming care to those under 19 years old.
Washington is joined by Oregon and Minnesota in the multistate lawsuit, which was filed in the U.S. District Court for the Western District of Washington. The lawsuit seeks to immediately block the executive order from taking effect.
"This order is unconstitutional for three separate reasons," Brown said. "One, it violates the Fifth Amendment's equal protection guarantee by singling out trans youth for mistreatment and discrimination. Two, it violates the 10th Amendment by trying to regulate medical practices in Washington state. And three, it violates the separation of powers."
Friday's lawsuit is the third brought by the state against the Trump administration. Brown previously filed suits in federal court to block the federal government's attempt to end birthright citizenship and joined states throughout the country after the White House attempted to freeze federal funding and grants.
The lawsuit from Brown is responding to President Donald Trump's executive order on Jan. 28 that stated "it is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called "transition" of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures."
Trump's order directs federal agencies to ensure institutions that receive federal funds or grants "end the chemical and surgical mutilation of children," which the attorney general's office said could block hundreds of millions in federal grants to state medical schools and hospitals.
"We are suing today because this order, like so many other things this president is doing, is illegal and unconstitutional," Brown said. "But having read this order very, very closely, I need to say something more: This president's order is gross. It is disgusting. It is hateful. So, we will always take action against illegal conduct, but this one has special resonance because of the hate behind it."
Brown said the order "promotes harassment and discrimination against people that are already marginalized" and risks the health and safety of both medical providers and patients. According to the executive order, doctors and patients in violation could be subject to criminal penalties.
"President Trump's attempt to withhold federal funds from states that offer health care to transgender Washingtonians is unlawful and cruel," Gov. Bob Ferguson said in a statement. "Washington is a place that supports every resident's civil rights. My team is working closely with the Attorney General to ensure Washingtonians are protected from illegal federal actions."
Trump has signed three other executive orders directed at transgender people during his first weeks in office, which included directing the federal government to only recognize two genders and banning transgender soldiers from openly serving in the United States military.
On Wednesday, Trump signed an executive order which directed the federal government to "rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy."
"I want to say directly to all of the young trans people in this state: You are not alone, you are not alone," Brown said Friday. "We will do everything we can to fight for your dignity, for your health care and for your rights."
Brown said Friday that the attorney general's office is in the process of reviewing each executive order issued by President Trump and that during his time in office, "we have seen an all-out assault by the President of the United States on the rule of law and on the constitution."
"He does not care about either," Brown said.
Brown acknowledged Friday that there are likely Washington residents who believe the attorney general's office should not have filed suit.
"My job is to defend the people who don't have a voice, my job is to defend our laws," he said. "And that is why we brought this case."
In a joint statement Friday, Speaker of the House Laurie Jinkins, D-Tacoma, and Senate Majority Leader Jaimie Pedersen, D-Seattle, praised the lawsuit and called the executive order "another attempt by the president to illegally discriminate against transgender people and medical professionals in our country."
"Trans people and their families will not be erased. We stand behind the attorney general's efforts to defeat the president's latest unlawful action," the statement says.
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