Overview
- The Colorado Supreme Court, which ruled May 18, found in a 5-2 decision that Children’s Hospital Colorado likely violated state anti-discrimination law and sent the case back so a lower court can issue a preliminary injunction to restore puberty blockers and hormone therapy for minors while the lawsuit proceeds.
- The majority said the hospital treated transgender patients differently because it continued prescribing similar therapies to cisgender children when medically appropriate, and it highlighted documented mental-health harms and risks of irreversible physical changes from interrupted care.
- Children’s halted new prescriptions for gender-affirming hormones and puberty blockers in January after an HHS declaration and as DOJ subpoenas targeted its records; the hospital says it is reviewing the ruling while federal investigations and the prospect of Medicaid exclusion remain unresolved.
- Two justices dissented, arguing the majority downplayed real financial threats from losing federal payments that could jeopardize the hospital’s ability to operate and serve thousands of pediatric patients.
- The decision affects the TRUE Center, one of the region’s largest pediatric gender-care programs, may prompt other providers to challenge federal action in court, and leaves key next steps tied to lower-court orders, ongoing DOJ fights over subpoenas, and any future CMS decisions.