Federal judge hands Children's Hospital of Philadelphia victory in its fight to protect medical records of transgender children

Wendy Ruderman, The Philadelphia Inquirer on Nov 21, 2025

Published in News & Features

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

PHILADELPHIA — A federal judge in Philadelphia on Friday blocked President Donald Trump’s administration from obtaining the private medical records of youth who sought gender-affirming care at Children’s Hospital of Philadelphia.

The decision, issued by U.S. District Court Judge Mark A. Kearney, was a victory for patients’ privacy rights and for CHOP, which had waged a legal battle to limit the scope of a sweeping federal subpoena that sought the names, dates of birth, Social Security numbers, and addresses and parent/guardian information of patients who had been prescribed puberty blockers or hormone therapy.

In a 54-page opinion, Kearney found the medical records sought by the U.S. Department of Justice were “beyond the authority granted by Congress” under the Food, Drug and Cosmetic Act and “the heightened privacy interests of children and their families substantially outweighs the Department’s need to know” such confidential and sensitive information.

Neither CHOP nor the DOJ immediately responded to a request for comment late Friday.

In addition to protecting the identities of patients, Kearney also denied the part of the DOJ subpoena seeking documents related to how doctors make decisions in prescribing medications that help patients to have a body that matches their gender identity, including details such as “clinical indications, diagnoses, or assessments.” Kearney also blocked federal investigators from obtaining documents related to “informed consent, patient intake, and parent or guardian authorization for minor patients.”

CHOP runs one of the nation’s largest clinics providing medical care and mental health support for transgender and gender-nonbinary children and teens and their families. Each year, hundreds of new families seek care at CHOP’s Gender and Sexuality Development Program, created in 2014.

Along with CHOP, five parents of transgender children also filed a motion asking the federal court to intervene on their behalf. Kearney’s ruling rendered that motion moot since it sought similar legal relief as CHOP. The motion was filed by the Public Interest Law Center, a Philadelphia-based nonprofit that advocates for the civil, social, and economic rights of marginalized communities.

Mimi McKenzie, the center’s legal director, said the judge’s ruling was “a complete rebuke” to the DOJ and an affirmation that the federal government has “no authority to root through” private medical records.

“The court recognized that the Department of Justice is using its subpoena power not as a tool for legitimate inquiry, but as a tool for intrusion, and it’s not allowing that,“ McKenzie said late Friday. ”This is an important victory. Under this court’s ruling their privacy is protected, their medical records are not going to be turned over, and this court is just not going to condone this type of government overreach.”

The CHOP case against the DOJ has become part of a broader legal battle playing out across the country. The DOJ had issued subpoenas to CHOP and at least 19 other hospitals nationally that treat transgender youth as part of an investigation into possible health care fraud or potential misconduct. In September, a federal judge in Boston blocked the Trump administration’s attempt to subpoena medical records of patients who received gender affirming care at Boston Children’s Hospital, ruling it was “motivated only by bad faith.” The DOJ has appealed the Boston ruling.

The Trump administration has said doctors who prescribe to children and teens medications commonly used for gender-affirming care, such as puberty blockers and hormones, are engaging in chemical mutilation, likening it to child abuse. Teenagers are not mature enough to make such major decisions, the administration has argued.

The American Academy of Pediatrics and other major medical associations, citing research, widely accept such use of these medications as safe, effective, and medically necessary for the patients’ mental health.

In his ruling, Kearney said the DOJ subpoena was part of the Trump administration’s strategy to end gender-affirming care for minors. Kearney noted a “charged political environment,” in which the federal government views “their medical treatment to a radicalized warped ideology.” He concluded that the state and not the federal government has the authority to regulate medical care, and gender-affirming care for minors is legal in Pennsylvania.

_____