FBI wants to investigate doctors who provide gender-affirming care to minors. Experts question its legal basis

CNN

3 days ago

The Federal Bureau of Investigation began Pride month by asking Americans to report doctors, hospitals and clinics who offer gender-affirming surgeries to minors, claiming that those procedures amount to child mutilation.
In social media posts Monday, the FBI and its chief spokesperson asked for tips on 'any hospitals or clinics who break the law and mutilate children under the guise of 'gender affirming care.''
But experts say the FBI's new push isn't backed up by federal law and may only be intended to scare medical practitioners away from offering those services.
'The only purpose of a tweet like this is to create fear and confusion for transgender youth, their families and their medical providers,' Josh Block, a senior attorney with the ACLU's LGBTQ & HIV Projects, told CNN. 'It simply has no legal basis.'
The reporting initiative is among the most dramatic moves in a multipronged effort by President Donald Trump's administration to challenge gender-affirming care across the country, spawned by a January executive order that initiated a crackdown on what the president called 'chemical and surgical mutilation' of individuals under 19 years old.
It also comes as the Trump administration broadly continues an anti-transgender agenda. The Justice Department on Monday, for instance, issued warnings to California school districts that have allowed transgender student athletes to play on sports teams that align with their gender identity. 'Today at work… put 1600+ California schools on blast for violating equal protection in girls' sports,' Assistant Attorney General Harmeet Dhillon said on X.
There is no federal law that outlaws gender-affirming surgeries on minors – a rare practice that is not recommended by major medical organizations. The Trump executive order instructed that the Justice Department prioritize enforcement actions under a criminal statute that protects against female genital mutilation.
The FBI did not immediately respond to an inquiry about the legal backing for any future investigation.
Federal prosecutors, however, have conceded in court that the female genital mutilation law 'differs markedly' from Trump's executive order, according to a ruling earlier this year from a federal judge who said that parts of the order targeting federal funding should be paused indefinitely.
The judge, Lauren King, who was nominated by Joe Biden, said that gender-affirming surgery is considered medically necessary – a key legal hurdle when prosecuting someone for mutilation. She also noted that prosecutors 'acknowledge that non-surgical options 'are generally the only treatments minors can receive.''
Referencing that law in the executive order, King concluded, 'seems misplaced, and could be construed as a bad-faith attempt to make parents and providers fear prosecution.'
Gender-affirming care for trans youth is largely focused on social aspects like names, pronouns and clothing.
If a minor does move forward with any sort of medical intervention – treatment that is typically focused on medications whose effects are reversable instead of surgeries – a team of doctors and the child's family will consider what is appropriate for that child's needs and stage of development.
'A strong body of medical evidence supports the safety and efficacy of this care,' said Jennifer Levy, the senior director of transgender and queer rights at GLAD Law. 'These efforts make it more difficult for parents to secure the health care their children need to thrive.'
Still, nearly 30 states have passed legislation banning gender-affirming medical care for people under 18 years old. Several of those states, including Alabama, Florida and North Carolina, are defending those bans in court.
One of the challenges, which was brought over a Tennessee law that bans puberty blockers and other hormonal treatments for minors, is currently under consideration by the US Supreme Court. A decision is expected this month.