For Immediate Release

The National Center for Youth Law (NCYL) and the National Center for LGBTQ Rights (NCLR) filed an amicus brief today, asking a federal court in Rhode Island to honor young people’s constitutional rights to privacy in their medical information and block the Department of Justice from enforcing a sweeping subpoena that seeks the confidential and highly sensitive healthcare records of every youth who received gender-affirming care at Rhode Island (RI) Hospital over a five-year period.

The DOJ issued its subpoena to RI Hospital in Rhode Island, and then asked a Texas federal district court for help enforcing the subpoena. On April 30, within hours of receiving DOJ’s request, the Texas court issued an order requiring RI Hospital to provide DOJ all the records requested and gave the hospital until May 13 to comply. On May 4, Rhode Island’s Office of Child Advocate asked a Rhode Island federal court to quash the DOJ motion.

NCYL and NCLR’s brief supports the Child Advocate’s motion. The brief highlights how the federal government’s demand for deeply personal medical information is an unconstitutional invasion of privacy that threatens the dignity, safety, and rights of LGBTQ+ youth and their families.

“Youth don’t surrender their constitutional rights when they receive certain types of healthcare or become involved in the foster system,” said Hannah Benton Eidsath, Co-Director of Litigation at NCYL. “This subpoena isn’t about legitimate oversight. It’s about intimidation and political attacks against transgender youth and the medical providers who care for them.”

Allowing such government overreach would set a dangerous precedent, particularly as transgender youth across the country face coordinated, escalating political and legal attacks.

Other courts reviewing similar DOJ efforts have already recognized these subpoenas as intrusive attempts to target vulnerable young people and their care. In quashing a similar subpoena, a district court in Pennsylvania noted that the government’s demand for private patient records carried “more than a whiff of ill-intent” and a Washington court found significant evidence that the DOJ is issuing these subpoenas to pressure hospitals into ending gender-related care for minors. 

“At a time when federal leaders are increasingly targeting LGBTQ+ youth, courts must remain vigilant in protecting constitutional freedoms,” added Rebecca Gudeman, Managing Director, Health & Well-being, at NCYL. “Everyone deserves to feel safe going to the doctor and to have access to the care they need. This shouldn’t be controversial.” 

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.

The National Center for LGBTQ Rights (NCLR) is a national legal organization committed to advancing the civil and human rights of gay, bisexual, and transgender people and their families through litigation, legislation, policy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable. www.nclrights.org