Filed Date: June 9, 2025
Closed Date: June 23, 2025
Clearinghouse coding complete
This case challenged the suspension of gender-affirming care for veterans by the U.S. Department of Veterans Affairs in compliance with EO 14168. Executive Order 14168, titled "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," was issued by President Trump In January 2025. EO 14168 aims to reverse policies related to gender identity and establish a federal policy recognizing two sexes, male and female, defined by immutable biological classification at conception. The Order directs federal agencies to use these sex-based definitions, remove materials promoting "gender ideology," cease federal funding for such ideology, and ensure government-issued identification documents reflect the holder's sex accurately. It also impacts policies concerning transgender individuals in prisons and aims to prevent federal funds from being used for gender-affirming care.
On March 17, 2025, the Veterans Health Administration (VHA) rescinded Directive 1341(4), which had provided healthcare for transgender and intersex veterans since May 2018. The directive established policies for respectful, comprehensive, and clinically appropriate care, including hormone therapy and mental health services. Its repeal effectively phased out many treatments for gender dysphoria for veterans not already receiving them.
On June 9, 2025, a transgender woman veteran diagnosed with gender dysphoria and service-connected PTSD filed a lawsuit in the U.S. Court of Appeals for Veterans Claims. The petitioner sued the Secretary of Veterans Affairs, alleging violations of the Administrative Procedure Act, the All Writs Act, the Affordable Care Act, the Rehabilitation Act, and the Equal Protection and Due Process Clauses of the Fifth Amendment.
Petitioner had been receiving hormone therapy through military healthcare since 2017 but was denied refills by the VA following her honorable discharge in January 2025, despite being rated 100% disabled due to PTSD and financially dependent on VA disability compensation. As a result, her hormone supply was depleted, placing her at imminent risk of harm.
Represented by the Yale Law School Veterans Legal Services Clinic, Petitioner sought to have the Secretary of Veterans Affairs' denial of hormone therapy and gender-affirming care declared an unlawful misapplication of the March policy discontinuing such care, requested injunctive relief to prohibit the enforcement of that policy, or alternatively, sought an order for the Board of Veterans Appeals to adjudicate her appeal and motion for advancement within 30 days.
Petitioner argued that the VA’s rescission of medically recommended hormone therapy was unsupported by science, unjustified by policy, irrational, and unlawfully discriminatory based on sex and disability. She claimed the VA’s actions amounted to an unlawful, categorical ban on gender-affirming care that exceeded the agency’s statutory and constitutional authority, causing severe and irreparable harm to her and other transgender veterans’ physical and mental health.
On June 23, the government informed the court that the Veterans Health Administration determined that petitioner is eligible for continuation of hormone therapy, and was provided with her medication again on June 13, 2025. Petitioner and Respondent jointly filed to dismiss on June 23, 2025.
This case is completed.
Summary Authors
Victoria Tan (7/24/2025)
Zoe Hayes (10/11/2025)
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: June 9, 2025
Closing Date: June 23, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A transgender U.S. Army and Army National Guard veteran diagnosed with gender dysphoria and service-connected PTSD
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Veterans Affairs (- United States (national) -), Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Affordable Care Act Section 1557, 42 U.S.C. § 18116
All Writs Act, 28 U.S.C. § 1651
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Due Process: Substantive Due Process
Other Dockets:
U.S. Court of Appeals for Veterans Claims 25-04924
Special Case Type(s):
Appellate Court is initial court
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
LGBTQ+:
Medical/Mental Health Care: